Due to concerns raised by both petitioner and respondent attorneys regarding the New Jersey workers' compensation discovery process, a committee has been formed to address these issues.
http://lwd.dol.state.nj.us/labor/forms_pdfs/wc/pdf/Discovery_112811.pdf
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Thursday, December 22, 2011
Friday, September 30, 2011
Wednesday, September 7, 2011
Monday, August 1, 2011
New Jersey Supreme Court Releases Amendments To The Rules Of Court
The Supreme Court has adopted rule amendments based on the recommendations contained in the previously published 2009-2011 reports of several of its rules committees. These rule amendments are effective September 1, 2011.
http://www.judiciary.state.nj.us/notices/2011/n110729b.pdf
http://www.judiciary.state.nj.us/notices/2011/n110729b.pdf
Friday, July 8, 2011
Tuesday, June 7, 2011
New Jersey Workers' Compensation Centennial
New Jersey, one of twelve states to enact the first workers' compensation statutes in the country, is celebrating the 100th Anniversary of the New Jersey Workers' Compensation program.
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www.sfhlaw.com
Thursday, May 26, 2011
NEW EVIDENCE PROCEDURE IN DRUG PROSECUTIONS
State v. Heisler
New Jersey Appellate Division has established a new procedure in drug prosecutions for both the Municipal and Superior courts. The Court construed NJSA 2C:35-19 to require, at least 20-days before trial, the prosecution must put the defense on notice of its intent to use documentary evidence from a forensic laboratory to prove the composition of the drugs that are the subject of the prosecution. Under this new procedure, the 10-day period to file an objection by the defense does not begin to run until the defendant has been served by the prosecutor with both a notice of intent to offer and the lab results. The failure of the State to follow this procedure will result in a bar at trial to the admission of the documentary drug evidence.
New Jersey Appellate Division has established a new procedure in drug prosecutions for both the Municipal and Superior courts. The Court construed NJSA 2C:35-19 to require, at least 20-days before trial, the prosecution must put the defense on notice of its intent to use documentary evidence from a forensic laboratory to prove the composition of the drugs that are the subject of the prosecution. Under this new procedure, the 10-day period to file an objection by the defense does not begin to run until the defendant has been served by the prosecutor with both a notice of intent to offer and the lab results. The failure of the State to follow this procedure will result in a bar at trial to the admission of the documentary drug evidence.
Thursday, May 5, 2011
Tuesday, April 26, 2011
New Jersey Supreme Court Ruling On Criminal Suppression of Evidence
STATE V HANDY (A-108-09)
The Court held that incorrect information provided by a police dispatcher to the police must result in a suppression of evidence.
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The Court held that incorrect information provided by a police dispatcher to the police must result in a suppression of evidence.
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Wednesday, April 13, 2011
New Jersey Appellate Division Ruling On Criminal Search Issue
Stae v. Witczak
DOCKET NO. A-2735-10T2
The community caretaking exception to the warrant requirement for search and seizure applies to residential properties.
http://www.sfhlaw.com/
DOCKET NO. A-2735-10T2
The community caretaking exception to the warrant requirement for search and seizure applies to residential properties.
http://www.sfhlaw.com/
Tuesday, April 5, 2011
New Jersey Appellate Division Opinion On DWI/DUI
Sate v. Holland
The court held that a temperature probe that is "substantially similar"to the Ertco-Hart probe generally used in Alcotest machines is acceptable.
The court held that a temperature probe that is "substantially similar"to the Ertco-Hart probe generally used in Alcotest machines is acceptable.
Sunday, March 27, 2011
NEW JERSEY SUPREME COURT ON DUI/DWI/REFUSAL
"In this case, it is undisputed that defendant does not
speak English. As a result, Officer Lugo’s reading of the
standard statement to him in English failed to “inform”
defendant of the consequences of refusal, as required. We
therefore reverse defendant’s refusal conviction."
State v. Marquez
Wednesday, March 23, 2011
Ocean & Monmouth County Tax Appeals Interview
Silvio M. Silvi, Esq. was interviewed and quoted regarding the current market trend toward tax appeals, in Sunday's 3/21/2011 Asbury Park Press Front page Article regarding Tax Appeals. For the complete story go to:
http://www.app.com/article/20110320/NJNEWS/103190331/-1/7daysarchives/Tax-assessment-appeals-on-rise
http://www.sfhlaw.com/
http://www.app.com/article/20110320/NJNEWS/103190331/-1/7daysarchives/Tax-assessment-appeals-on-rise
http://www.sfhlaw.com/
Monday, March 21, 2011
Monday, March 14, 2011
FAME (Fabulous Achievement in Marketing Excellence) Award
Toms River Pr1ma Corporation, a New Jersey builder of Luxury residential single family homes, was recently awarded the FAME (Fabulous Achievement in Marketing Excellence) Award. Many members of the Jersey Shore Building industry attended the event at a gala dinner at Clarks Landing, Point Pleasant. Pr1ma Corp. received awards in Sales Achievement, Landscaping, and Brochure Categories, as well as winning Best Community, for their Whitty Pines Development of Toms River.
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Wednesday, March 2, 2011
New Jersey Jurisdictional Issue in Worker's Compensation Claim
International Schools Services, Inc. v. NJ Dept. of Labor & Workforce Dev.
408 N.J. Super. 198 (App. Div. 2009)
Decided July 10, 2009
The New Jersey Appellate Division reversed and remanded the declaratory judgment of the Superior Court judge who held that the petitioner must obtain workers’ compensation insurance coverage for its overseas employees despite the fact that they work entirely overseas and never work in New Jersey. The Appellate court directed the trial court to expand the factual record and apply a Connolly/Larson analysis to determine whether the overseas employees had sufficient contacts with New Jersey to justify application of New Jersey’s workers’ compensation coverage laws.
408 N.J. Super. 198 (App. Div. 2009)
Decided July 10, 2009
The New Jersey Appellate Division reversed and remanded the declaratory judgment of the Superior Court judge who held that the petitioner must obtain workers’ compensation insurance coverage for its overseas employees despite the fact that they work entirely overseas and never work in New Jersey. The Appellate court directed the trial court to expand the factual record and apply a Connolly/Larson analysis to determine whether the overseas employees had sufficient contacts with New Jersey to justify application of New Jersey’s workers’ compensation coverage laws.
Thursday, February 10, 2011
Stancil vs. ACE USA
After exhausting administrative remedies in the compensation court, the petitioner filed a complaint in the Superior Court seeking damages for a carrier’s willful noncompliance with an order of the workers’ compensation court. The Law Division judge, however, dismissed that complaint for failure to state a claim upon which relief can be granted. Afterward, the Appellate Division affirmed, holding that the remedies currently contained in the Workers’ Compensation Act and related Division regulations constitute the exclusive remedy available to an aggrieved petitioner arising out of willful noncompliance by an employer or its insurer with an order of the compensation court.
http://lwd.dol.state.nj.us/labor/wc/legal/cases/jurisdiction.html#Stancil
http://lwd.dol.state.nj.us/labor/wc/legal/cases/jurisdiction.html#Stancil
Thursday, January 27, 2011
Summary of Real Estate Housing Market Conditions
The following Summary of the Real Estate housing market conditions and activities was obtained from the US Dept. of Housing and Urban Development's Website on 1/25/2011. The report provides an overview of economic and housing market trends within each region of HUD management.
The New York/New Jersey HUD Region II, as pertains to Real Estate, provided that “Conditions in most sales housing markets in the New York/New Jersey region are improving but remain slightly soft because of weak economic conditions. According to the National Association of Realtors, home sales in the region during the second quarter of 2010, increased by 80,000 homes, or 22 percent, from a year earlier to a seasonally adjusted annual rate of 434,900 homes sold. ...In New Jersey, home sales markets are slightly soft. Home sales have recently increased, a trend that began in December 2009, but home prices remain relatively flat in most areas....The median sales price in New Jersey remained nearly unchanged at $306,600 during the 12 months ending June 2010. All three regions of the state reported increased home sales and slightly higher home prices. For the 12 months ending June 2010, Southern New Jersey home sales rose 17 percent to 32,700 homes, and the median price increased nearly 4 percent to $208,900. In Northern New Jersey, existing single-family home sales were up 24 percent to 61,500 homes, and the median price increased 1 percent to $374,400. Existing single-family homes sales in Central New Jersey increased 26 percent to 33,600 and the median price increased 1 percent to $314,300......During the 12 months ending September 2010 , increased home sales in the New York/New Jersey region contributed to an increase in single-family home building activity, and multifamily construction began to show signs of improvement compared with the activity during the same period a year earlier...”
Wednesday, January 19, 2011
Prior Refusals DO NOT Enhance Subsequent DWI
Held by New Jersey Supreme Court in State v. Ciancaglini, prior convictions for refusing to submit to breath test does not enhance subsequent driving while intoxicated.
http://www.sfhlaw.com/
http://www.sfhlaw.com/
Friday, January 7, 2011
U.S. Bancorp and Wells Fargo & Co. Lose Foreclosure Case
U.S. Bancorp and Wells Fargo & Co. lost a foreclosure case in Massachusetts’s highest court that will guide lower courts in that state and may influence others in the clash between bank practices and state real-estate law. The ruling drove down bank stocks.
The state Supreme Judicial Court today upheld a judge’s decision saying two foreclosures were invalid because the banks didn’t prove they owned the mortgages, which he said were transferred into two mortgage-backed trusts without the recipients’ being named.
Joshua Rosner, an analyst at the New York-based research firm Graham Fisher & Co., called the decision “a landmark ruling” showing that at least in Massachusetts a mortgage “must name the assignee to be valid.”
“This is likely to open the floodgates to more suits in Massachusetts and strengthens cases in other states,” Rosner said.
“We agree with the judge that the plaintiffs, who were not the original mortgagees, failed to make the required showing that they were the holders of the mortgages at the time of foreclosure,” Justice Ralph D. Gants wrote for a unanimous court.
Wells Fargo, the fourth-largest U.S. lender by assets, fell 96 cents, or 3 percent, to $31.19 at 2:43 p.m. in New York Stock Exchange composite trading. U.S. Bancorp, the fifth-largest U.S. bank by deposits, declined 25 cents, or 1 percent, to $26.04.
Source: Bloomberg News 1/7/2011
Source: Bloomberg News 1/7/2011
Saturday, January 1, 2011
HAPPY NEW YEAR!
From all of us at Silvi, Fedele & Honschke Attorneys At Law, have a Happy, Healthy and Safe 2011!
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www.sfhlaw.com
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