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Parsippany Legal Blog

Appealing a decision in a civil litigation case

When a company in New Jersey loses a civil litigation case, it may seem like the end of the line for the business, especially if the judge's award to the plaintiff is large. However, there are some instances when an appeal is possible, and the company may not even have to pay the award before an appeal is completed.

Neither party can appeal a case simply because they don't like the verdict. According to the New Jersey Standards for Appellate Review, the grounds for an appeal rest primarily on whether an error was made during the trial, and if so, whether that error affected the outcome negatively. The appellate review goes over the court records in looking for a mistake; neither party can submit new evidence. Errors that an appellate court may identify include the following:

  • Errors in the instructions given to the jury
  • Juror misconduct or improper influence
  • Judge's abuse of his or her discretionary power in determining the outcome
  • Jury error in verdict against the weight of evidence
  • Error in the establishment of the facts of the case
  • Counsel's remarks improperly influence the jury

The opioid crisis and changing family dynamics

With the opioid crisis still having a firm grip on Americans across the nation, countless children are left in tricky and desperate situations. Child custody is an area that has extended beyond typical family separations and into a widespread public issue. New Jersey, along with many other states, has seen a rise in the number of grandparent-led households as a result of the crisis.

For a plethora of grandparents, considering child custody is a bigger concern than planning one's retirement. NBC News comments on the ways the opioid crisis has shifted family dynamics over recent years, resulting in grandparents taking full child custody of their children's children to rescue them from unhealthy environments. Some children even go to foster care when grandparents are not in the picture or simply cannot take on the massive responsibility of childrearing. In fact, 30,000 more children entered foster care in 2015 than in 2012, as NBC shared. Most state and federal officials blame the opioid epidemic for this major shift. 

Fighting unnecessary costs of employee injuries

At Weiner Law Group, LLP, one of the most common problems we encounter with New Jersey workers' compensation cases is the tendency for injured workers to act hurriedly due to a misapprehension of the statute of limitations. This sometimes leads injured individuals to attempt to pursue the costliest therapies possible, including surgery, on a just-in-case basis.

We find that the long-term effects of this attitude are disastrous, not only for the companies who see insurance costs skyrocket from major claims, but also for the injured people. This is especially true when we deal with back injuries. Even the most debilitating acute effects of disc problems often become manageable over the course of a few months, but we still see impatience and suffering leading to the pursuit of expensive tests and surgical procedures.

Maximizing success during divorce negotiations

Choosing whether to negotiate a divorce settlement or go through the process of litigation may not be an easy decision, especially if you are still nursing feelings of resentment and anger toward your spouse. However, understanding the long-term ramifications of drawn-out litigation may allow you to consider the benefits of coming to a settlement agreement without the help of the court.

If you and your spouse can arrive at an agreeable settlement for issues related to child custody and asset division, you may find yourself in a more positive place when the divorce is behind you. To facilitate the most beneficial outcome, you may want to consider several suggestions for making the settlement process as painless as possible.

Reviewing the issue of parental relocation

After your divorce in Parsippany, it no doubt took you a good deal of time to for you and your kids to become acclimated to your new situation. Now your ex-spouse is coming to you saying that he or she wants to move away, and that he or she wants the kids to come along. Countless clients have come to us here at the Weiner Law Group LLP in the same situation, dejected at the thought of having an even lesser role in their children's lives. Like them, you will be pleased to hear that you do not have to sit idly by and watch this happen. 

Section 9.2-2 of New Jersey's Revised Statutes states that while your kids are under the age of majority, they cannot be moved out of the local jurisdiction without the consent of both you and your ex-spouse. This means that he or she must inform you of his or her intentions prior to relocating, and that you have the opportunity to dispute the move. 

What are the advantages of mediation?

Divorce or legal separation can be extremely stressful and overwhelming for couples in New Jersey and across the United States. There is an array of emotions attached to divorce and these feelings can make it difficult to create a comprehensive divorce settlement. In some cases, however, couples are able to discuss these issues in a civil manner and customize a settlement that will meet their specific needs.

According to the American Bar Association, there are advantages to mediation as opposed to going through courtroom litigation. For instance, couples who manage their divorce through mediation can settle terms quicker than they would if they went through traditional court. Couples are able to schedule their own mediation appointments rather than wait for lengthy court dates. Furthermore, there are no court costs associated, which can make this a more affordable option.

Ways to increase the odds of agreeing on a parenting plan

Perhaps you and your future former spouse struggled to reach a point where you could agree to work out your custody arrangements and parenting plan without going to court. You may know that this is no small feat considering the emotional upheaval going on in your lives right now.

Maintaining that alliance in order to come to an agreement that best benefits your children may seem nearly impossible, but take heart that you can negotiate and create a parenting plan that suits your family's needs. In fact, you may find that you come out on the other side with a solid foundation upon which to build your post-divorce parenting relationship.

Understanding patent infringement

When you are a patent holder in New Jersey, it is typically in your best interests to protect this patent. At the Weiner Law Group, LLP, we understand it is important for you to know when this patent has been infringed and what action you can take.

According to FindLaw, if someone sells or makes your patented item without first gaining your authorization, this person has committed patent infringement. This infringement can usually come in several forms. You typically commit contributory infringement if you knowingly help another person infringe on the patent but have not violated the patent yourself. Direct infringement means that you may have used the patented item without authorization. If you are charged with literal infringement, this means that you took words from the patented item and used them in a different context. Intellectual infringement usually refers to times when you assist someone with patent infringement.

A prenuptial agreement may protect your assets long term

As you prepare to walk down the aisle, you may be excited to live in marital bliss long term with your one and only. The truth is, though, that not all marriages last for one reason or another. Irreconcilable differences can easily push two people apart over time.

For this reason, you may want to create a prenuptial agreement, also known as a premarital agreement or prenup, before you say, "I do." Here is a look at what this type of agreement can do for you in New Jersey.

Giving children a voice in the custody schedule

Parents in New Jersey who have worked hard to co-parent amicably and provide two stable environments for their child may be surprised when the child announces that it is not working. After all, reducing conflict is supposed to lessen the negative stressors of the divorce, and creating strong parent-child bonds is good for mental, physical and social development.

According to FindLaw, even though the parents are happy with the arrangement, if the child is 12 or older, the court may be interested in listening to his or her point of view and considering custody modifications based on those opinions. This is not to say that the couple would no longer share joint custody. Even if the child primarily lives with one parent, the couple could still share the responsibilities and decisions of parenting.

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