Termination of Permanent Alimony

Jul 06, 2016
SdDMW
Alimony is “an economic right that arises out of the marital relationship and provides the dependent spouse with ‘a level of support and standard of living generally commensurate with the quality of economic life that...

FRO Can Be Based in Excessive Calls and Text Messages

Jul 01, 2016
SdDMW
Under the Prevention of Domestic Violence Act (PDVA), a victim seeking a Final Restraining Order (FRO) must show by a preponderance of the credible evidence that: (1) the defendant committed one of the predicate acts set...

No Reimbursement for Over Paymenty of Child Support

Jun 23, 2016
SdDMW
In Schmidt v. Breda, the Appellate Division upheld the trial court’s denial of reimbursement for the over payment of child support in the sum of $4,512.  Due to a clerical error in calculating the appropriate...

Restraining Order Filed Against Johnny Depp

Jun 03, 2016
SdDMW
On May 23, after only 15 months of marriage, actress Amber Heard filed for divorce from Johnny Depp on the grounds of irreconcilable differences.  Despite the short duration of the marriage, according to Vanity Fair,...

Must Show Prima Facie Before Dismissing an FRO

Jun 02, 2016
SdDMW
When a litigant seeks to dismiss a final restraining order (FRO) entered against him or her, he or she must make a prima facie showing that good cause exists based upon a substantial circumstances since its entry. ...

Lead Poisoning

Jun 01, 2016
SdDMW
Lead is known to severely impact a child and their development.  Recently in Newark, New Jersey, there have been higher levels of lead in some of Newark’s schools.  It is unclear how long the kids in these schools...

Failure to Produce Discovery

Jun 01, 2016
SdDMW
Rule 4:23-5 describes a two-step process regarding applications to dismiss a party’s pleadings for failure to produce discovery.  The first step allows for a dismissal without prejudice, such as seen...

Stronger FDA Warning For Essure

May 31, 2016
SdDMW
Essure is a form of birth control that is implanted into women to be used as a contraceptive. It consists of two nickel-titanium coils inserted into the fallopian tubes to block sperm from fertilizing a woman’s eggs. There...

Son Sues Nursing Home For His Mother’s Death

May 27, 2016
SdDMW
Elizabeth Barrow, a 100 year old woman, was suffocated and strangled by her 97 year old roommate, Laura Lundquist, with a shopping bag.  Ms. Lundquist was charged with murder, found unfit to stand trial and was committed...

Incomplete Side Effects Reported To The FDA

May 26, 2016
SdDMW
There has been much controversy as to the validity of the Adverse Event Reporting System by the Food and Drug Administration (FDA).  This database is highly used for collecting side effect data from both doctors and...

Bankruptcy Court Declines Divorce Valuation

May 25, 2016
SdDMW
Following a divorce proceeding, the husband filed a Chapter 13 bankruptcy petition and asked for confirmation of his plan.  The Bankruptcy Court said its decision depended on the value of the husband’s minority share...

Medical Records Easier To Access

May 25, 2016
SdDMW
Health groups, such as hospitals and doctors’ offices agreed to start taking steps to make electronic health records easier to access and use by consumers (patients).  Most hospitals and doctors’ offices have gone...