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December 2016 Archives

Judicial Legislation & the Survivor Act

Copy-of-Fotolia_80752093_L-768x512.jpgIn Warren v. Muenzen, - A.3d -- (2016), the Appellate Division clarified the statute of limitations ("SOL") applicable to claims brought under the Survivor Act ("Act"). The claims arose out of a misdiagnosis of prostate cancer in 2009, which lead to the death of Mr. Robert Warren in 2011. Mr. Warren's widow filed suit in 2013, seeking damages for personal injury claims pursuant to the Act, which allows the estate to recover for "any personal cause of action that the decedent would have had if she or he had survived." Defendant moved for summary judgment, arguing that they were barred by the SOL which requires all personal injury claims to be brought within two years of accrual. The trial court interpreted the Act, which stated that "every action brought under this chapter shall be commenced within two years after the death of the decedent," to say that if the decedent had a timely cause of action at the time of death, then the estate has an extended two years to file a survival action. Thus, Mr. Warren had a valid cause of action at the time of his death based on the cancer misdiagnosis, and the court denied summary judgment.

Employment Background Checks

independent-contractor.pngAfter you have been offered a job, you may be asked to undergo a background check, which is an investigation to learn about your experience, qualifications, and history. Many companies run basic background checks to verify your identity and the information on your application or resume. This usually includes calling references. Some potential employers go further to include checking credit history, criminal records, social media and blogs.

Child Custody

Fotolia_69882727_XS.jpgChild Custody

Custodial Parent Relocation

fotolia_60289973.jpgA primary residential parent's request to relocate from the State is one of the most difficult issues that family court systems face. Often the rights of a noncustodial parent to be an active part of a child's life conflict with a custodial parent's desire to start a new life post-divorce. New Jersey law allows a custodial parent to remove a child to another state with the consent of the other parent or with a court order.

Default Divorce

Fotolia_96795994_XS.jpgIf one spouse files for divorce in New Jersey, the court can grant the divorce even if the other spouse doesn't answer the complaint or appear in the case. This is called a "default" judgment. The spouse filing the complaint must serve a copy of the judgment on the other spouse and wait 35 days. Service on the other spouse is what gives the court jurisdiction over the case to issue a judgment.

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