Boston Scientific Corporation is the manufacturer of “Rotablator,” a system that opens narrow arteries by cutting plaque from the artery walls, improving blood flow to the heart. After its product malfunctioned and...
Many people would agree that a mother should not use drugs, and any detection of drugs in her system could impact her children. But what if there is no evidence that she uses drugs around her children? Does that...
Dad Should Not Have to Both Provide Health Insurance for Son AND Pay Mother for Son’s Health Insurance
Dec 15, 2015
This week, the New Jersey Appellate Division reversed the lower court judge’s ruling in Bennett v. Alviggi. Upon their divorce in 2006, a couple agreed in their marital settlement agreement that the father would...
Ex-Wife Didn’t Take Ex-Husband’s Name Off the Mortgage – After Hurting His Credit, She Has to Sell the House
Dec 01, 2015
Nowadays, it is fairly common for one spouse to remain in the marital home after a divorce. Usually, the spouse who keeps the house is required to refinance the mortgage so that it is in his or her name only. But...
New Jersey Keeps Jurisdiction Over Parenting Time, No Matter How Many Times Mom Tries to Switch It to California
Nov 24, 2015
A former couple, long since divorced, has two teenage sons. At the time of their divorce, both parents in Craft v. Bugbee hired attorneys and negotiated a Parenting Time Agreement (PTA). Among many other...
After graduating from college in June 2014, Brianne brought her divorced parents to court in an attempt to make them pay for the college expenses she had incurred. Her father cross-moved, asking the court to determine...
He Attacks You, So You Attack Him In Response – Can He Get a Restraining Order Against You?
Nov 17, 2015
This week, the Chancery Division of Ocean County addressed an issue that has not previously been addressed in New Jersey: “What happens when a plaintiff seeks a final restraining order against a defendant for conduct which...
Not Smart for Dad to Curse Mom Out at Kids’ School
Nov 16, 2015
A woman, whose divorce was still in process, had a civil restraints against her husband to prevent him from communicating with her, apart from texts or emails about their children. Regardless, her husband angrily...
In the United States, the debate ensues over who is responsible for footing the bill for medical care required as a result of hospital procedures gone wrong, according to The Washington Post. Often, fault for a bad...
Married for 16 years and college educated abroad, a couple’s divorce went to trial in Hari v. Somaskanthan. They have two unemancipated kids, both of whom live with the ex-wife. During most of the marriage,...
This week, the New Jersey Appellate Division corrected a Family Part error in O.Y.P.C. v. J.C.P.. Almost two years ago, the Family Part denied a woman’s immigration-related petition for custody of her brother, who had...
The parents of twins in Lake v. Lake got divorced in 2013 after 11 years of marriage. As per their marital settlement agreement (MSA), the father was required to pay 55 percent of work-related child care...
Last week, the New Jersey Appellate Division upheld the termination of parental rights of abusive parents in New Jersey Division of Child Protection and Permanency v. K.L.B.. The children’s paternal...
Essure More Likely To Need Surgery For Complications
Oct 29, 2015
A study of women who have been implanted with the permanent contraceptive implant Essure has concerning results, according to The New York Times. Over 52,000 women received sterilization procedures in hospitals and...
New NJ Rule Keeps Confidential Communications with Mental Healther Providers Out of Court
Oct 28, 2015
Last month, the New Jersey Supreme Court adopted a new rule into the New Jersey Rules of Evidence. This rule, N.J.R.E. 534, creates a unified privilege of confidentiality for patients with their mental healthcare...
The mother in Van Ramshorst v. Cengiz is a born and raised citizen of the Netherlands, but she now lives as a permanent resident in New Jersey. As the primary custodial parent, she filed a motion almost three...
Two years ago, the Family Part found in New Jersey Division of Child Protection and Permanency v. J.L. that a mother abused her oldest daughter. It all started when a staff member at the daughter’s school...
Last week, the Judiciary Committee on Opinions approved Kakstys v. Stevens, a trial court case, for publication. The case addressed “the retroactive establishment of an initial child support obligation in a...
Ex-Wife’s Cohabitation Enttiles Ex-Husband to Reduced Alimony, but the Amount is Tricky
Oct 20, 2015
Upon their divorce in 2010, the ex-husband in Canal v. Canal agreed to pay his ex-wife limited duration alimony. He would pay her $104,000 a year for seven years, and he would pay child support for their three...
A husband and wife in Vantimiglia v. Pandelo were divorced in September 2010, and the mother was designated as the children’s parent of primary residence. About a year and a half later, the parties entered...