paulnorris – Page 12 – Blog Archive

If a Beneficiary Wishes to Challenge A Decedent’s Will, the Decedent’s Mental Capacity May Be Called Into Question

paulnorris on March 28, 2012

Category: Trusts & Estates, Uncategorized
Tag: Trusts & Estates

A party also may seek to attack the validity of a Will by asserting that the decedent had a diminished mental capacity at the time the Will was executed. In general, a legal presumption applies that the decedent was of sound mind and was competent at the time he/she executed a Will. In fact, the law only requires a minimal degree of mental capacity when executing a Will. Generally, the inquiry is whether the decedent comprehended the property of which he/she wanted to dispose, the beneficiary of said property, and the act of executing the Will. Moreover, this understanding must only be present at the time the Will was executed. Even if the provisions of a Will may be shockingly unnatural or unfair, if it appears that the Will was executed at the time the decedent was competent and that it was the free and unconstrained product of their mind, then the Court should uphold the Will.

Expungement Statute Amended: New ruling allows permit of expungement after five years

paulnorris on November 8, 2011

Category: Litigation, Uncategorized
Tag: Litigation

The Expungement statute codified by N.J.S.A. 2C:52-1, et al., previously required a mandatory ten year waiting period prior to filing an Expungement Petition for an indictable offense. Recently, however, the Expungement statute has been amended to permit an Expungement after five years has expired from the date of the conviction, payment of fine(s), satisfactory completion of probation or parole, or release from being incarcerated, whichever is later.

Jurisdiction in Internet Defamation Cases

paulnorris on September 16, 2011

Category: Internet Defamation, Litigation, Uncategorized
Tag: Litigation

Recently, I was the attorney who prosecuted the matter of Dana Goldhaber vs. Charles Kohlenberg. This case dealt with Internet defamation and the jurisdiction of Courts to hear a matter. This case has been widely cited by Courts across the Country and its importance continues to grow. My words of wisdom that are bestowed upon any party that participates in Internet news groups, Facebook, or other chat rooms, is that they should not post anything on the internet that they wouldn’t want their own mother to read. Moreover, they should not assume that an Internet chat room or a similar board is a “free for all” and that there are no potential repercussions for things they have posted. On the contrary, information posted on the Internet is akin to publishing the information in print.

The Seller’s Disclosure Statement

paulnorris on March 8, 2011

Category: Construction, Litigation, Real Estate, Uncategorized
Tag: Litigation, Real Estate

The completion of the Seller’s Disclosure Statement is a task that is often taken lightly by a Seller of residential real estate when they are preparing to sell their house. In fact, many individuals when faced with completing this task give it little thought and complete it in a cursory fashion. What a Seller should be aware of, however, is that any misstatement of fact, whether intentional or not may subject a Seller to liability post-closing. In the State of New Jersey a Seller of residential real estate has a duty to disclose any and all latent defects with regard to the condition of their property. A latent condition is a condition that is not otherwise observable, or in essence, hidden. Examples of latent conditions are radon contamination, underground oil tank leaks, or a history of water problems.

When A Subcontractor Should File & Perfect a Lien Claim

paulnorris on February 19, 2010

Category: Litigation, Real Estate, Uncategorized
Tag: Litigation, Real Estate

In today’s harsh economic climate, a general contractor or subcontractor is often faced with non-payment from a project owner. The question then becomes what is the best fashion in order to collect the unpaid balance which is due the general contractor or subcontractor. As a general contractor, you have a few options. The first option is to attempt to negotiate a resolution with the owner. Another option is to file a lawsuit.

Contracts – Construction: Validity of Paid When Paid Provision

paulnorris on November 18, 2009

Category: Construction, Litigation, Uncategorized
Tag: Litigation

In the matter of Brolley Electrical v. Ernest Bock and Sons, Inc., the Court reviewed the validity and enforceability of a “paid when paid” provision within a construction contract. The contract provided that payment by the owner to the general contractor being a condition precedent prior to the general contractor is obligated to pay the subcontractor.

Constitution Law: Right to Privacy – Expungements

paulnorris on October 27, 2009

Category: Construction, Litigation, Uncategorized
Tag: Litigation

In Nunez v. Pachman, the Appellate Division recently discussed the section of the Expungement Statute which prohibits the disclosure of any information relative to the records, proceedings or any other related documents once an event is expunged. In Nunez v. Pachman, the Appellate Division explained that the litigation privilege will not permit the disclosure of any expunged arrest or proceeding.

Contesting a Will In New Jersey

paulnorris on May 13, 2009

Category: Litigation, Trusts & Estates, Uncategorized
Tag: Litigation, Trusts & Estates

It is an eventuality that virtually all of us will face sometime during our lives, the loss of a loved one. Whether this loved one is one of your parents, a sibling, a relative, or a friend, litigation may arise concerning the Probate of their Will in order to administer their Estate. Estate litigation is often emotional, costly and is similar in the emotions it evokes to that of a divorce proceeding.

New Jersey Legal Update – Podcast # 57

paulnorris on January 19, 2007

Category: Litigation, Podcast, Real Estate, Uncategorized
Tag: Litigation, Podcast, Real Estate

This week’s New Jersey Legal Update podcast will address federal legislation impacting sub-contractors. This podcast will discuss what defines a sub-contractor and how federal legislation, such as the Miller Act, can impact the construction industry.

New Jersey Legal Update – Podcast # 44

paulnorris on August 25, 2006

Category: Litigation, Podcast, Uncategorized
Tag: Litigation, Podcast

This week’s New Jersey Legal Update podcast will discuss the defamation law in New Jersey, focusing on defamation through the use of the Internet. This podcast will also address the issues of libel, slander and the rights and restrictions of free speech.

Author: paulnorris