Blog Archive

Pennsylvania Supreme Court Approves Alternate Venue Options for Medical Malpractice Cases

jkrawitz on September 7, 2022

Category: Medical Malpractice

On August 25, 2022, the Pennsylvania Supreme Court approved changes to the state’s medical malpractice rules. These amendments end a 20-year policy that had limited the filing of medical malpractice lawsuits to the jurisdiction in which they occurred.

Effective January 1, 2023, the court’s order allows plaintiffs in medical malpractice cases to sue providers in jurisdictions where they regularly conduct business—rather than restricting them to suing in counties where they received the problematic care and treatment at issue.

Outcomes in Patients With Mild TBI Without Acute Intracranial Traumatic Injury

Bruce H. Stern on August 30, 2022

Category: About Brain Injuries

A new study was recently released by the researchers involved with Track-TBI. The Track-TBI studies involve patients with traumatic brain injury who have been seen at 18 Level I trauma centers in the United States from January 1, 2014, to December 31, 2018.

What Is A Special Master? Former President Trump Filed Motion Seeking the Appointment of a Special Discovery Master

sunger on August 24, 2022

Category: Litigation, Uncategorized

Former President Trump’s lawyers filed a motion in federal Court seeking the appointment of a “special master” to inspect the records seized from Mar-a-Lago by the FBI on August 8, 2022. This blog will address what a special master is, the legal standard for the appointment, and the likelihood that a special master will be appointed by the federal Judge deciding former President Trump’s motion.

The Acronyms of Divorce Part II – CMC (Case Management Conference) and CMO (Case Management Order)

jmillner on August 11, 2022

Category: Divorce, Uncategorized

Shortly after a divorce complaint has been responded to by the other party to the case, the case will be scheduled for an initial Case Management Conference (CMC) with the judge who has been assigned to the case. The purpose of the CMC is twofold. First, the Court will assign the case to one of three tracks- expedited, regular, or complex. The vast majority of cases are on the regular track. Cases in which there are no children, or children who are all emancipated, no spousal support issues, and have minimal assets and debts may be assigned to the expedited track. On the other end of the spectrum, cases in which there are complicated business issues, complex financial issues or any other circumstance in which experts may be needed, will likely be placed on the complex track. The designation of the track governs the management of the case by the Court.

New Jersey Supreme Court Increases Jurisdictional Limits

mvolet on August 5, 2022

Category: Collections, Community Associations, Uncategorized

Effective July 1, 2022, the New Jersey Supreme Court has increased the jurisdictional limits in civil courts. The New Jersey Special Civil Part jurisdictional limit has increased from $15,000 to $20,000. The jurisdictional limit for New Jersey Small Claims Court has also increased from $3,000 to $5,000.

This increase will prove extremely beneficial to Community Associations whose collection cases are preferably brought in the Special Civil Part. Although it is preferred to bring these cases in Special Civil Part, with the old $15,000 jurisdictional limit, Association cases seeking judgments for $17,000 or $18,000 had to be filed in the Law Division. The Law Division has higher filing fees, requires personal service, has longer discovery schedules, and can often take a year or more to conclude. Conversely, the Special Civil Part has lower filing fees, requires service by mail, and can often conclude with a trial scheduled within approximately four (4) months. Increasing the jurisdictional limit in the Special Civil Part now allows Associations to file cases there, rather than in Law Division, for amounts up to $20,000.

For more information on this, or on other collection matters, contact Melissa A. Volet, Esq.

Potential Legal Implications of Remote Work Policies

sunger on August 5, 2022

Category: Employment, Uncategorized

work from home legal implications in nj; legal issues working from home During the COVID-19 pandemic, many employers required their employees to work remotely to comply with state mandates and ensure their employees’ and customers’ health and safety. That resulted in a shift in attitudes about work-from-home policies.

What began as a necessity has shifted to a preference. A majority of employees believe that significant portions of their job functions can be performed remotely. Furthermore, most employees wish to continue to work from home at least part of the time. Market factors and employers’ desires to retain their talented, trained employees have resulted in employers implementing remote work policies. Read More about Potential Legal Implications of Remote Work Policies

The How, When, and Why of Franchise Termination in New Jersey

mkizner on August 4, 2022

Category: Franchise, Uncategorized

Terminating a franchise can pose several potential pitfalls and expose a franchisor to significant liability. A franchisor may not simply cancel, terminate, or refuse to renew a franchisee for just any reason. In most situations, there must be “good cause,” timely notice, and proper documentation to support the decision. Failure to understand and follow these rules may violate the New Jersey Franchise Practices Act, N.J.S.A. § 56:10-1 et seq. (“Act”) and expose a franchisor to liability for monetary relief and an award of attorney fees and costs to the franchisee.

Is a Tuesday Morning Chapter 22 Bankruptcy Imminent?

tonder on July 25, 2022

Category: Bankruptcy & Creditor's Rights, Uncategorized

Tuesday Morning Corporation, the discount, closeout home retailer, could be filing for Chapter 11 bankruptcy, reports both Bloomberg and Seeking Alpha.

Shares of the company fell nearly 30% last week. The company has struggled with supply chain bottlenecks.

Important Documents to Consider Before Your Child Goes to College

rmorris on July 20, 2022

Category: Trusts & Estates, Uncategorized

Your child’s transition to adulthood is an important time in life. If your child has reached age 18, particularly an adult child traveling to attend school or work, critical legal changes have occurred. At age 18, your child is an adult under New Jersey law, even if they are still living at home. Your adult child now controls their own medical and financial decisions, and a parent’s access to information is restricted. Several documents are available to address these changes and appoint agents to assist your child during this stage of life.

How Do I Get a Guardianship

paulnorris on July 19, 2022

Category: Trusts & Estates, Uncategorized

The purpose of this article is to discuss the general process for being appointed the guardian of a loved one or other family member. The process can be simple or complicated depending upon a multitude of factors. This article will discuss the general process; whereas future articles will explore issues that can arise which may render the process more complicated. It is important, however, to understand the general process of obtaining a guardianship before more complex issues can be explored.

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