Legal News That You Can Use

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



GOVERNMENT CAN LOSE EVIDENCE WITHOUT REPERCUSSION

  • By Marc S. Berman

New Jersey’s Attorney General, specifically the Division of Criminal Justice, has been a bit careless it seems. The state body in charge of criminal prosecutions has lost records that it seized during an investigation in 1985. A company sued for the records (or damages resulting from the loss of the records) because it wanted them Read More


CELL PHONE LAW LETS YOU PUSH BUTTONS

  • By Marc S. Berman

A state appeals court recently overturned a conviction under the New Jersey law that bans talking on a handheld cell phone while driving. The driver in this case was pulled over after a police officer saw him pressing buttons on this cell phone. The problem with this is that the law expressly allows “activating, deactivating, Read More


BANKS CAN’T FORECLOSE WITHOUT MORTGAGE IN HAND

  • By Marc S. Berman

An appellate New Jersey court ruled recently that any lender trying to foreclose on real estate must prove possession of the mortgage note.  In fact, the lender has to prove possession before it is even allowed to file a complaint. If there is no mortgage note, then the lender lacks what is called “standing.” Standing Read More


NEW COURT PROGRAM FOR AVOIDING FORECLOSURES

  • By Marc S. Berman

The U.S. Bankruptcy Court in New Jersey recently started a new program designed to help avoid foreclosures. It’s called the Loss Mitigation Program. It provides several options besides mortgage modification to debtors who are in danger of losing their homes. The most interesting thing about the program is that there are no mediators. No one Read More


DRUNK DRIVERS CAN SUE BARS THAT SERVED THEM

  • By Marc S. Berman

A New Jersey man decided to ride his motorcycle home from a Toms River restaurant. He was struck by a car on the way. Turns out that the gentleman had a few drinks before he left. His blood alcohol level was more than twice the legal limit and he pled guilty to drunken driving. After Read More