May 2017 Archives | Bergen County, New Jersey, Law Blog
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May 2017 Archives

The Progression of Technology in Service of Process

Copy-of-Copy-of-Copy-of-criminal-defense.jpgIn K.A. & K.I.A. v. J.L., the Chancery Division in Morris County became the first New Jersey court to allow service of process through social media. The defendant initiated contact with the plaintiffs through Facebook & Instagram, sending friend requests to K.A. & other family members to make the claim that he was the biological father of K.A.'s adopted son and that he knew the location of the child's birth mother and siblings. Additionally, K.A. alleged that the defendant took a picture of the child from K.A.'s Facebook profile and held the photograph out on his own profile page as pictures of his children. Attempting to put a stop to this distressing and disruptive behavior, plaintiff's attorney mailed cease and desist orders to two last known addresses of the defendant, both in Pennsylvania. The mail was returned as undeliverable, and plaintiff asked the court to serve an injunction on the defendant through Facebook.

New Jersey Ignition Interlock Devices

Copy-of-Fotolia_80752093_L-768x512.jpgNew Jersey courts may require a person who has been convicted of a driving while intoxicated charge to install an ignition interlock device in his or her vehicle. These devices require the driver to take a chemical breath test each time they start the vehicle. Ignition interlock devices will record the BAC and if alcohol is detected on a driver's breath, the vehicle will not start.

NJSBA Annual Meeting

IMG_0782.jpgCohn Lifland is a proud supporter of the New Jersey State Bar Association and is excited to have attorneys Allen Susser, Joseph Hermann, and Joseph A. Maurice in attendance at the Annual Meeting. 

The Rejection of an Overly Textualistic Approach

Fotolia_52956667_M-768x503.jpgThe saga of Noren v. Heartland Payment Systems began in February of 2017, when the Appellate Division considered an appeal from the trial court's determinations in a breach of contract and Conscientious Employee Protection Act ("CEPA") case. The lower court, after denying a jury demand pursuant to a jury-waiver provision in the employment contract at issue, had dismissed the Noren's claims and awarded the employer, Heartland Payment Systems ("HPS") attorney's fees and costs. Noren appealed the dismissal, and HPS cross-appealed, alleging that the trial court erred in denying summary judgment. In this article, we consider HPS' cross appeal.

Due Process under the New Jersey Bail Reform Act

AdobeStock_117586360-1-768x512.jpegIn State v. Ingram, the New Jersey Supreme Court addressed the requirements imposed on the State in a pre-detention hearing by the Bail Reform Act, N.J.S.A.2A:162-15 et seq ("Act"). The defendant was arrested and charged with several counts, including possession of a defaced firearm. At the pre-trial detention hearing, now required under the Bail Reform Act, the prosecutor relied on the complaint-warrant, the affidavit of probable cause, the Public Safety Assessment, the Preliminary Law Enforcement Incident Report, and the criminal history of the defendant. The trial judge overruled the defense objection to the State's proffer of only documentary evidence, and found by clear and convincing evidence that detention was necessary to assure the defendant's appearance in court, and to ensure protection of the community. The defendant appealed, arguing that due process and the Act was violated by establishing probable cause without calling live witnesses who had person knowledge of the case, so that he might have an opportunity to cross-examine.

Infections Obtained In A Hospital

Fotolia_74198154_M-1-300x214.jpgWhen a person is admitted into the hospital, they assume that the medical professionals working there will cure them without complications. Unfortunately, this is not always the case and new problems can arise from the negligence of the hospital personnel.

What are the different types of spousal support in NJ?

dollar-941246_960_720-300x225.jpgWhen a couple gets divorced in New Jersey, one of the factors that may be addressed is spousal support, also known as alimony. The Alimony Reform Bill was enacted in September 2014. In some instances, this bill changed the existing law and in other circumstances, it simply endorsed law previously only found in cases and not in a statute. The four types of alimony found in the bill are Open Durational, Rehabilitative, Limited Durational and Reimbursement.

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