Legal News That You Can Use

FALSE CLAIMS ACT NOT RETROACTIVE

  • By Marc S. Berman

In early 2008, New Jersey adopted its own version of a federal law called the False Claims Act. The law allows private individuals to sue government contractors for fraud on behalf of the state. This is called a qui tam claim. Someone who sues under this law is allowed to keep between 15% and 30% Read More


JUSTICE SCALIA IS A HARSH COLLEAGUE

  • By Marc S. Berman

Do you think that your co-workers are sometimes a little hard on you? Maybe sometimes they criticize something you say, or how you do something? That seems like the sort of thing that, say, a United States Supreme Court Justice wouldn’t have to deal with on a regular basis. That is, unless your colleague on Read More


SUING OVER GRADES

  • By Marc S. Berman

The New Jersey Supreme Court has finally decided what is certainly a pressing issue in the minds of unhappy students: can you sue your school for giving you poor grades? The answer was a resounding, “Nope.” The Court determined that grades are not subject to judicial review, only the grading process is. This means that Read More


FAMILY OF DEAD INMATE CAN PURSUE LOSS OF ENJOYMENT OF LIFE CLAIM

  • By Marc S. Berman

The family of a Passaic County man who hanged himself in jail, and then died after going into a coma, has been told that they can pursue a damages claim for loss of life enjoyment. The man had been jailed for threatening his mother with a knife, and for subsequently violating his probation. After being Read More


END CHEMICAL USE EXEMPTION FOR SMALL BUSINESSES?

  • By Marc S. Berman

In 1983, New Jersey passed the Environmental Cleanup Responsibility Act (“ECRA”). The first of its kind, the act required that industrial cites be investigated and cleaned-up when, among other things, a business is sold. A short time later, New Jersey replaced ECRA with the Industrial Site Recovery Act (“ISRA”), which had the same fundamental effect Read More


FORMER PROSECUTOR WINS BIG

  • By Marc S. Berman

The Township of Warren was ordered to pay $1.26 million to a former prosecutor in Morris County (in addition to another $1.38 million that it had already paid). The prosecutor was fired after making some pretty serious accusations against a Morris County. Namely, the prosecutor accused the judge of being drunk during trials. Well, it Read More


FROM THE YOUR TAX DOLLARS NOT AT WORK DEPARTMENT

  • By Marc S. Berman

Press reports indicate that the Social Security Administration will no longer send out yearly earnings history reports to Americans under the age of 60. These were the documents that you received each year detailing how much income you made every year of your working life, and what your estimated social security earnings would be, based Read More


ESTATE PLANNING DOCUMENTS EVERY FAMILY SHOULD CONSIDER: PART II

  • By Marc S. Berman

Last post, I discussed the first two of the “big five” estate planning documents that everyone should consider having. Here are the rest: 3. HIPAA Form– This form lets doctors disclose to   one person, such as an adult son or daughter, otherwise confidential medical information  about  person, such as a parent. As a practical matter, Read More


ESTATE PLANNING DOCUMENTS EVERY FAMILY SHOULD CONSIDER: PART I

  • By Marc S. Berman

The documents I will discuss in this post are important for every family to consider. They reduce stress in circumstances that commonly arise as people age. No one wants to think about what will happen as we or our parents get older, but it is best to be prepared for everything, rather than wait until Read More