Our Blog | Davison Eastman Muñoz Paone, P.A.

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

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...

Are Franchisees Now Employees Under New California Law?

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...

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

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...

Gender Identity Harassment and Discrimination

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...

Video Conferencing Etiquette: It is all Live!

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...

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

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...

Be An Ally to LGBTQ Individuals

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...

What You Should Know About Vaccines.

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...

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

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...

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

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...

10 Things to Consider Before Moving into a Community Association

10 Things to Consider Before Moving into a Community Association New Jersey has an ever-growing number of condominium associations and homeowners’ associations, collectively referred to as “community associations.” Community associations are attractive to all...

10 Things to Consider Before Moving into a Community Association

10 Things to Consider Before Moving into a Community Association New Jersey has an ever-growing number of condominium associations and homeowners’ associations, collectively referred to as “community associations.” Community associations are attractive to all...