The New Jersey Divorce Process – Part I

By Bonnie C. Frost, Esq. New Jersey is a state where, upon divorce, all issues as to the parties must be resolved.  It is unlike some other states, which will grant the parties a divorce but will then continue to litigate support and equitable distribution.  New Jersey will not bifurcate the granting of a divorce

READ MORE

Appellate Division Bars a Parent’s Wrongful Death Claim Against a Public University Based on her Untimely Notice of Claim

By Danielle N. Levine, Esq. In Garriga v. Rowan University (A-1353-17T1), the Appellate Division held that the mother of a Rowan University doctoral student who took her own life after Rowan professors allegedly pressured her to withdraw from her graduate program could not sue the public school because she did not timely provide the school

READ MORE

Underinsured Motorist Benefits Held Not Applicable

By Christine M. McCarthy, Esq. In Cox vs. Tomasso and NJM Insurance Group (A-0106-17T2), the Appellate Division upheld NJM’s exclusion to an UIM policy. In that matter, the Plaintiff was injured while operating a motorcycle. The motorcycle was insured with Rider Insurance company, carrying liability limits of $15,000.  The Plaintiff had a separate automobile insurance

READ MORE

New Jersey court upholds jurisdiction for a Rutgers University police officer to stop and arrest a defendant for DWI

By Brian D. Kenney, Esq. On November 5, 2018, the Committee on Opinions approved an October 19, 2017 Law Division opinion from Middlesex County Superior Court in the matter of State v. Bentee Goines.  The State appealed a municipal court judge’s decision that a Rutgers University police officer lacked jurisdiction to stop and arrest the

READ MORE

Auto Coverage Not Available for ATV Injuries

By Stanley J. Zator, Esq. On October 24, 2018, the Appellate Division delivered an unpublished opinion in the matter of Starner v. Haemmerle, et. al., No. A-0153-17T2, 2018 WL 5273995 (App. Div. Oct. 23, 2018), foreclosing the application of automobile insurance coverage to all-terrain vehicles. The underlying facts of this case involved an ATV accident

READ MORE

Impact of DCP&P Investigatory Findings and the Danger of their Future Use

By Michael R. Ascher, Esq. The Division of Child Protection and Permanency (DCPP) is New Jersey’s child protective services agency (formerly “DYFS”).  The Division functions to protect children from acts of abuse and neglect pursuant to the provisions of various statutes. N.J.S.A. 9:6-8.9, N.J.S.A. 9:6-8.6-1 and N.J.S.A. 9:6-8.21.  All acts of abuse and neglect must

READ MORE