Legal News That You Can Use



Supreme Court To Bicyclists: You’re On Your Own Out There

  • By Marc S. Berman

Five experienced bicyclists were riding downhill on the westbound shoulder of Parsonage Hill Road in Millburn. One of the bicyclists, whom we’ll call Martha, was riding behind the pack. Martha’s bicycle hit a sharp “depression” in the road.  The “depression” measured two feet in diameter, and was about an inch and a half deep. Martha Read More


The Case Of The Disfigured Face, And The Industrial Saw That Did It.

  • By Marc S. Berman

Robert M. worked as a foreman at a construction company. One day, he used a gas-powered saw to cut a plastic pipe. The blade kicked back, lacerating his face and disfiguring him. Robert sued the saw’s manufacturer. He claimed that the gas-powered saw was defectively designed and manufactured. He also claimed that the manufacturer failed Read More


Fallen At The Church, Or The Case Of The Profitable Parking Lot.

  • By Marc S. Berman

As far as New Jersey state law is concerned, homeowners are not responsible to maintain the sidewalks next to their homes. Therefore, if a pedestrian trips and falls because of a defect in such a sidewalk, the homeowner generally can’t be sued. On the other hand, businesses are responsible to maintain their sidewalks. If someone Read More


Behind Every Successful Man You’ll Find A Successful…

  • By Marc S. Berman

A woman in a long term marriage who has been supported by her husband is usually entitled to receive alimony after a divorce. (The same goes for the less typical situation of a man supported by his wife.) Ideally, the amount of alimony should be enough to maintain the wife in the same lifestyle that Read More



NO FEDERAL CIVIL RIGHTS REMEDY AGAINST PUBLIC DRUNKENNESS LAWS

  • By Marc S. Berman

In 1977, New Jersey passed a law that prohibited municipalities from making public drunkenness a punishable offense. Even so, many towns kept local ordinances that made public intoxication illegal. Maple Shade is one such place. Actually, the township didn’t even pass its current public intoxication ordinance until 1997, a full 20 years after the state Read More


The Case of the Tilting Swimming Pool, and the Landscaper Who Got Soaked

  • By Marc S. Berman

One of the main reasons that business owners form corporations is to protect their personal assets. If the business is then sued, and loses, the business owner can, at worst, only lose the assets of the business. He or she will not lose his or her personal assets. However, if the business owner personally engages Read More


State Court Will Not Force Husband To Give Wife Religious Divorce

  • By Marc S. Berman

Marriage is a unique institution. It is regulated by state law. But it also can be a religious sacrament. Secular courts normally don’t get involved in religious matters. However, when a marriage goes bad, this dual aspect of marriage can compel courts to intervene. For example, technically, under Jewish law, only a husband can initiate Read More