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
Paul M. da Costa
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
Paul M. da Costa
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
Paul M. da Costa
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
Paul M. da Costa
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
Paul M. da Costa
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...

Improper Use Of Cancer Chemotherapy Drug

May 24, 2016
Paul M. da Costa
Adventist Health System has been accused of improperly distributing a chemotherapy drug for those with cancer.  The Department of Justice states that this certain drug is only supposed to be used once per patient in a...

Common Medical Mistakes To Avoid In The Hospital

May 24, 2016
Paul M. da Costa
One would believe when they are in the hospital that they are there to have their health improve.  However, that is not always the case.  It has been estimated that up to 440,000 Americans experience a medical...

Cohabitation and Alimony

May 10, 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...

Written Agreements Between Parties Must be Enforced

Apr 12, 2016
SdDMW
Relocation can be defined as a family, or someone, moving to a different place to live.  When discussing relocation in divorce cases, it’s a difficult situation to handle.  Two reasons for relocating could be new...