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.

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

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.

work from home legal implications in nj; legal issues working from homeDuring 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. Continue Reading Potential Legal Implications of Remote Work Policies

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.

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

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.

Continue Reading Is a Tuesday Morning Chapter 22 Bankruptcy Imminent?

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.

Continue Reading Important Documents to Consider Before Your Child Goes to College

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.

Continue Reading How Do I Get a Guardianship

The United States Equal Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act.

On July 12, 2022, the EEOC announced that employers should take more factors into consideration when choosing whether to screen employees for Covid-19. Now, “employers will need to access whether current pandemic circumstances and individual workplace circumstances justify viral screening testing” for employees in an update to its technical assistance guidance (https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#A.6). The EEOC found that a “Covid-19 test is a medical examination within the meaning of the [Americans with Disabilities Act].” As a result, if an employer requires mandatory medical tests of employees, they must “be job-related and consistent with business necessity.”

Continue Reading Workplace COVID Testing Must Be “Business Necessity” United States Equal Opportunity Commission Says

CLIS and CI are the first acronyms that will be covered in a series of blogs designed to take some mystery out of the many acronyms in a New Jersey divorce case.

The first forms that must be completed in a divorce are the Confidential Litigant Information Sheet (CLIS) and the Certification of Insurance (CI). These forms contain basic but essential information that is necessary for the Court, the parties or litigants, and their attorneys throughout the divorce process.

Continue Reading The Acronyms of Divorce

This year has brought several interesting changes and important proposals that can affect many estate plans. We have held seminars covering two major issues:

  1. the IRS Proposed Regulations affecting qualified retirement plans and IRAs; and
  2. the Administration’s proposed changes to the Federal Estate and Gift Taxes.

Continue Reading Important Estate Related Proposals and Changes for 2022