On September 28, 2016, the Centers for Medicare & Medicaid Services (CMS) announced a long overdue revision of its rules in order to improve care of nursing home residents. The rule aims to...
Last month, a Nassau County judge found Maureen McPhilmy, Bill O’Reilly’s ex-wife, in civil contempt of court for failing to abide by a court order giving the Fox News host time with his daughter. According...
New Jersey Supreme Court Adjusts Remittitur Standard
Oct 03, 2016
This month, in Cuevas v. Wentworth Group, the New Jersey Supreme Court made an important adjustment to its remittitur jurisprudence. Cuevas was a Law Against Discrimination case in which the plaintiffs,...
Water In Bergen And Passaic Counties Contains Potentially Unsafge Levels Of Carcinogen Chromium-6
Sep 30, 2016
A recent report revealed levels of hexavalent chromium in most water systems in Bergen and Passaic Counties that scientists consider unsafe. The concerning issue, however, is state-wide....
Adhesion Contracts
Sep 29, 2016
In Corman v. Corman, the husband and wife married in 1994, had two children together, and divorced on July 2, 2013 after an uncontested hearing. About a year later, the wife moved to set aside parts of the marital...
College Costs
Sep 27, 2016
In Polcari v. Polcari, the husband and wife married in 1993, and had 3 children: a son in October 1995; a second son in August 1997; and a daughter in May 2000. The husband and wife divorced in June 2010, and a...
Are Other Samsung Smartphones Fire Hazards?
Sep 26, 2016
Just weeks after the Samsung Galaxy Note 7 hit markets, the U.S. Consumer Product Safety Commission issued an official recall of the device. Now, the Department of Transportation announced that it will only allow...
Cannot Modify or Terminate Alimony Based on “Prospective Retirement” 5 Years in Advance
Sep 26, 2016
In Mueller v. Mueller, a Family Part judge interpreted the term “prospective retirement” as it is used in the recently amended New Jersey alimony statute. That law provides that a supporting spouse may seek to...
College Student’s Suicide Leads To Parent Filing A Wrongful Death Suit Against William Paterson University
Sep 20, 2016
William Paterson University has been named a defendant in a wrongful death action brought by a mother who claims that the college mishandled her daughter’s rape complaint, which led to her suicide. According to the...
In Mayer v. Mayer, the husband and wife married in 1986 and had two children together: a son born in June 1994 and a daughter born in April 1996. The wife filed for divorce in 2006. In 2006, the wife also...
Retroactive Termination For Child Support
Sep 20, 2016
N.J.S.A. 2A:17-56.23a provides that “[n]o payment or installment of an order for child support . . . shall be retroactively modified by the court except with respect to the period during which there is a pending application...
Rule 1:10-3 gives a court discretion to impose sanctions on a party who refuses to comply with a prior court order. Moreover, Rule 5:3-7 authorizes economic sanctions for violating custody, parenting...
Four Sarno da Costa D’Aniello Maceri Webb Attorneys Included in The Best Lawyers in America© 2017!
Sep 16, 2016
Sarno da Costa D’Aniello Maceri Webb LLC is pleased to announce that 4 of our very own attorneys have been included in the 2017 edition of The Best Lawyers in America©, the oldest and most esteemed peer-review publication...
Couple Purchased Husband’s Mother’s House for $1, But Wife Still Gets Equitable Distribution
Sep 10, 2016
In the midst of a 33-year marriage, the couple in the case DeLong v. DeLong sold their marital home after the husband’s mother conveyed her house to them for a dollar. They paid his mother $500 a month as...
Pop Warner, the largest youth football league in the United States, is facing a class-action lawsuit, reports the New York Times. The suit was brought by two mothers whose deceased sons played football as children...
The Food and Drug Administration (FDA) is now requiring stronger warnings about the potentially lethal consequences of combining prescription painkillers and sedatives, according to the Associated Press. Opioid...
On August 29, 2016, the New Jersey Law Journal published its annual “Top 20 Personal Injury Awards of the Year” special section, which identifies the largest reported personal injury awards for the year. Partner Paul M....
Court Will Not Modify Alimony or Child Suport Unless There is a Permanent Change in Circumstances
Aug 29, 2016
New Jersey courts will not modify an alimony or child support award unless a permanent change in circumstances has occurred. But there is no brightline rule for deciding when a changed circumstance has gone on long...
Fraudulent PSA
Aug 26, 2016
A spouse may be relieved from the terms of a property settlement agreement (PSA) if exceptional or compelling circumstances exist that indicate that enforcing the agreement “would be unjust, oppressive or...
Endocarditis
Aug 25, 2016
Between December 2012 and August 2014, at least 15 patients of John Vecchione, D.D.S., a Morris County dentist, developed enterococcal endocarditis after undergoing oral surgery involving IV...