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Homeowner’s Property Line Lawsuit Against Neighbor Not Precluded By Settlement With Title Insurance Company

On December 6, 2020

In a recent New Jersey case, the Appellate Division upheld a homeowner’s right to sue her neighbor, despite an insurance settlement. In Leonard v. Panitch1 Cheryl Leonard sued her neighbor Pera Panitch for encroaching over the property line and onto Leonard’s property. This dispute arose when Panitch had her stone driveway replenished and installed a […]

Are Franchisees Now Employees Under New California Law?

On November 23, 2020

A lawsuit[1] filed November 16, 2020 by the International Franchise Association (IFA) against the State of California seeks to declare that franchisees are not employees. In the gig economy, many lawsuits were filed in California in an effort to have “independent contractors” considered to be employees, and thus protected under the California Labor laws. These […]

COVID-19 Doesn’t Discriminate: The Effects Are Felt on All Aspects of Society

On October 20, 2020

As we enter the eighth month of the COVID-19 pandemic, the world looks vastly different than it once did. The majority of US students are still attending school virtually or in a hybrid approach, erasing what we once thought of as “regular school hours.” Economic and health care concerns have eliminated many childcare and housekeeping […]

Gender Identity Harassment and Discrimination

On June 19, 2020

Currently, about 21 state laws make it unlawful to permit harassment or discrimination in employment based on gender identity and expression and sexual orientation. New Jersey is one of those states and has been ahead of the current legal curve in that gender identity and expression, including transgender status, and sexual orientation, are expressly considered […]

Video Conferencing Etiquette: It is all Live!

On June 3, 2020

In the wake of the pandemic, and the corresponding restrictions, Zoom, Skype, Facetime, Hangout, Microsoft Teams, and other video conferencing applications have allowed virtual meetings, ceremonies, social gatherings, and information sharing sessions to occur. As much as we may not want to admit it, face-to-face interactions are sometimes a must (or just a plus), so […]

Proms, Graduation, College and . . . an Estate Plan?

On May 15, 2020

Rights of Passage for your 18 year old. Now, more than ever, estate planning should be a rite of passage for every 18-year-old. Your 18-year-old is an adult, and you, as their parent, have no inherent right to see their grades, talk to their doctors and review medical records and options, access their bank accounts, […]

Be An Ally to LGBTQ Individuals

On April 6, 2020

Under many state and municipal laws, LGBTQ individuals have some legal protections. Currently, the Supreme Court of the United States is considering various employment law cases in which discrimination in employment, based on Gender Identity / Expression and Sexual Orientation, would expressly deem to be protected classes under Title VII of the Civil Rights Act […]

What You Should Know About Vaccines.

On April 1, 2020

As a mediator and arbitrator, I encourage the resolution of disputes by way of alternatives to an all-out battle in the courtroom. Our federal government has set up a procedure for resolving specific issues that may arise from vaccinations, for though it is well-known that vaccines have eradicated devastating illnesses and diseases in our country, […]

The Nuts and Bolts of the Family First Corona Virus Response Act

On March 30, 2020

In the advent of the COVID-9 pandemic, the U.S. government expeditiously signed into law historical, temporary measures to provide individual employees paid sick and family leave if the leave will be related to particular COVID-19 absences from work. The paid family leave portion is called the Emergency Expansion of the Family Medical Leave Expansion Act […]

Contracts, Coronavirus, and Force Majeure – Can Contract Performance be Excused?

On March 23, 2020

Coronavirus and the governmental response to the pandemic will certainly result in the nonperformance of business contracts. Is there any relief from such a breach of contract? What is Force Majeure? Some contracts in themselves contain a Force Majeure (French for “superior force”) clause which may excuse nonperformance of a contract. A Force Majeure clause […]

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