Legal News That You Can Use

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


New Type Of Public Benefit Corporation

  • By Marc S. Berman

Recently, New Jersey became the third state to enact something called a B corporation, which is short for “benefit corporation.” The designation is for companies that fulfill social or environmental goals, in addition to a for-profit traditional business model. The corporation must provide a “genuine public benefit,” which could include helping low-income people, defending the Read More


Some Biological Grandparents Can Visit Adopted Grandchildren

  • By Marc S. Berman

The New Jersey Adoption Act gives biological parents no rights over an adopted child. However, says a state appeals court, that doesn’t necessarily mean that biological grandparents don’t have a right to visit the child. In a case out of Bergen County, where the adoptive parents allowed the biological grandparent’s visitation rights, only to cut Read More


Municipalities Can’t Regulate Booze

  • By Marc S. Berman

Sayreville, in Middlesex County, recently tried to regulate the type of restaurants that can allow “BYOB” (bring your own booze), a practice common in most municipalities. The apparent purpose of the regulation was to discourage those establishments that featured “adult” entertainment.  Some guys weren’t too thrilled at the prospect of not being allowed to bring Read More


Door-To-Door Salesmen Lose

  • By Marc S. Berman

Have you ever regretted buying something from someone selling door-to-door? Chances are that either you have or know someone who has. Good news if you make that mistake in New Jersey: buyers can cancel a contract that they signed with a door-to-door salesman over the phone, provided that the contract doesn’t prescribe a method. The Read More


Dr. Oz’s Angry Neighbor

  • By Marc S. Berman

Mehmet Oz, the famous surgeon and host of the daytime television program “The Dr. Oz Show,” is having some trouble with one of his neighbors. Angelo Bisceglie, the doctor’s fellow resident of Cliffside Park, is peeved at Dr. Oz’s supposed affinity for disregarding town ordinances. Mr. Bisceglie is suing the doctor for planting 40-foot pine Read More