Legal News That You Can Use

The Case Of The Disfigured Face

  • 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 Woman

  • 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 she Read More


Parent Using Cocaine And Marijuana Before Visitation Time With Child

  • By Marc S. Berman

A father was recently charged with child neglect. As is often the case in this type of litigation, the names of the parties involved were not released to the public. All we know are the father’s initials, R.S. Let’s call him Rob. Rob has a twelve-year-old daughter and an eleven-year-old son. Each child has a 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

  • 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


Former Employer Not Liable For Giving A Negative Reference

  • By Marc S. Berman

A South Jersey physician’s assistant recently sued his former employer over a bad job reference. The man accused the employer, a hospital, of defaming him. In 1999, the physician’s assistant received a poor performance review.  He was fired in early 2000.  Years later, the man applied to receive his physician’s assistant credentials from another hospital. Read More


Police Chief Can’t Sue Borough For First Amendment Violation

  • By Marc S. Berman

The Borough of Duryea (in Pennsylvania) fired its police chief. He then filed a complaint with the police union that got him his job back. Later, he filed another complaint that led to changes in some of the demands the borough made of him. Feeling like he was on a roll, the chief next filed Read More


Special Jury Instruction If God Told You To Do It

  • By Marc S. Berman

A New Jersey man was convicted at trial of murdering his pregnant girlfriend after God told him to do it. Not surprisingly, the defendant pled insanity. An appeals court recently reversed the conviction. The appellate court ruled that the trial judge should have told the jury that even if they thought that the man knew Read More