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  • Posted on Wednesday, December 21st, 2011 at 11:41 am

    Calibration Requirements Eased For DWI Testing Devices

    Yesterday, the Appellate Division affirmed a ruling expanding the admissibility of certain blood alcohol concentration (“BAC”) tests used in driving while intoxicated (“DWI”) prosecutions.   The decision, State v. Holland, A-4384-09T3, A-4775-09T3 (App. Div. Dec. 20, 2011),  allows admission of BAC results derived from Alcotest breath-testing devices calibrated with a Control Company, Inc. (“Control Company”) digital Read More

  • Posted on Tuesday, December 20th, 2011 at 3:35 pm

    Out Of State DWI Convictions And Sentencing Enhancement

    Are convictions for “driving while ability impaired” (“DWAI”) in New York treated as prior convictions for sentencing enhancement purposes in subsequent New Jersey drinking while impaired (“DWI”) convictions?  In State v. Zeikel, 30 A.3d 339 (App.Div. Nov. 9, 2011), the appellate division decision held that such prior convictions do, in fact, count for sentencing enhancement Read More

  • Posted on Thursday, October 27th, 2011 at 10:55 am

    In Visitation Battle of Grandparent Vs. Grandparent, Grandparent Wins

    Can a maternal grandmother with legal custody, who is assumed to be the “psychological parent” of the child, deny visitation to the paternal grandparents?  The answer is “not if such visitation is in the child’s best interests” according to Tortorice v. Vanartsdalen, 27 A.3d 1247 (App.Div. 2011), a recent decision by the New Jersey Appellate Read More

  • Posted on Wednesday, April 13th, 2011 at 8:16 am

    NO WILL? NO WAY! The importance of having a will.

    If you do not have a will, your wishes for what happens to your possessions after your death may not come to pass. Even if you think you do not have a large estate, if you own a home or have other assets, it is worthwhile to do some estate planning, and essential that you Read More

  • Posted on Wednesday, April 6th, 2011 at 6:00 pm

    LIKE A BAD NEIGHBOR – The Duty To Warn

    When your conduct puts someone else in danger, you may be held responsible if that person is injured. That’s an easy concept to understand when the facts are simple, such as the person who drives negligently and causes injury to a pedestrian or a passenger. Sometimes, it’s up to the court to sort it out. Read More

  • Posted on Wednesday, March 30th, 2011 at 10:42 am

    ARE YOU MY MOTHER? Adoption and Surrogate Parents

    What are the parental rights of a woman who is having someone else bear and give birth to a child? It depends on the specific facts of the case, as recently demonstrated in a case decided by the New Jersey Appellate Division. Here are the players in this drama, and their story:  We start with Read More

  • Posted on Wednesday, March 16th, 2011 at 4:26 pm

    THE “F” ON YOUR DRUG TEST IS FOR “FIRED!” – Mandatory Random Drug Testing at the Workplace

    Can an employee who claims his job is nothing more than a “weed-whacker” be required to undergo mandatory random drug testing, and be fired if he fails? The Third Circuit recently said:”Yes.” David Mollo worked for the Passaic Valley Sewerage Commission (“PVSC”). Based on anonymous, verbal reports of drug and alcohol abuse among its employees, Read More

  • Posted on Wednesday, March 9th, 2011 at 3:31 pm

    THE KIDS ARE FIGHTING – WHO PAYS? Insurance Coverage for Schoolyard Brawls.

    When will insurance pay for injuries if two students get into a fight? Keep in mind that there is usually no coverage when injury is expected or intended by the insured person who causes injury. This is called the “intentional acts” exclusion. Here are two scenarios that illustrate what is often a fine line between coverage Read More

  • Posted on Wednesday, March 2nd, 2011 at 12:01 pm

    A PICTURE IS WORTH 1,000 WORDS – AND $1. The price of Tresspass.

    Like most people, you have probably used Google Maps, and perhaps have seen a photo of your home on the Street View service. What are your privacy rights related to Google, or others, taking that picture and making it available on the internet? A couple near Pittsburg, Aaron and Christine Boring, filed a lawsuit against Read More

  • Posted on Wednesday, February 23rd, 2011 at 11:22 am

    WEDDING BELL BLUES – Who Gets To Keep The Engagement Ring?

    Generally speaking, in New Jersey (and in an increasing number of other states), when an engagement is broken, the ring goes back to the man. It does not make any difference who broke the engagement, or whose fault it was. The engagement ring (unlike other gifts that may be given) is considered to be a Read More

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