Scura, Wigfield, Heyer & Stevens, LLP is representing the DiNapoli family who recently filed a lawsuit stating an elderly man was killed in his Bloomfield apartment on Dec. 13, 2015 from extreme heat caused by a defective heating/cooling system.
Buying a new home is often regarded as an exciting time. Whether it is the homeowner's first home or not, purchasing a home is a major event. Moreover, it is a major financial responsibility that needs to be factored in whenever the homeowner makes any financial decisions. However, when an individual is dealing with financial troubles, those troubles could impact the homeowner's ability to make timely mortgage payments, which could unfortunately lead to foreclosure.
Electricity is used to power an endless list of things, and because of that, residents in New Jersey and elsewhere will often encounter electrically powered consumer products. While these products are designed with the safety of consumers in mind, malfunctions and defects can occur. This could lead to the electrocution of consumers, resulting in severe and even fatal injuries.
The Superior Court of New Jersey recently decided that defendant-YMCA was not allowed to invoke the charitable immunity exemption to avoid lawsuit. Charitable immunity is an affirmative defense that a defendant can raise in response to a lawsuit, when answering the complaint.
Consumers in New Jersey and elsewhere often buy goods on a daily basis. This action is almost routine and done without the fear that the goods being purchased could cause serious or even fatal injuries when used or consumed. Despite this, errors occur in the design and manufacturing of goods, thus resulting in serious hazards for consumers. Because of this, product recalls are issued; however, this does not prevent all consumer injuries from occurring.
Wells Fargo has initiated a policy of freezing a debtor's bank account upon the filing of a chapter 7 bankruptcy and thereafter sending notice to the trustee asking for direction on what to do with the held funds. Some courts have found that this is an improper interference with a debtor's exempt assets, but other courts have held that the policy is consistent with Bankruptcy Code requirements.
When a company or a small business in New Jersey is no longer productive, is not producing a constant cash flow or are enduring financial problems, it might be a good idea to think of various strategies to address these issues. If business debt is the problem, filing for business bankruptcy is just one debt relief option to consider. Companies and business may also want to contemplate debt reorganization and other methods in order to keep the business running, allowing it to thrive well into the future.
No matter the size of a business or company, financial problems could present themselves. New Jersey readers of this blog might be familiar with the issues surrounding the Revel Casino in Atlantic City. While the business bankruptcy proceedings were initiated awhile back, the casino is still dealing with complications regarding its sale.
Bicycles are one of the most vulnerable vehicles on the roads and are even more vulnerable than motorcyclists. In 2010, almost 800 bicycle fatalities were reported with an estimated 515,000 bicycle related injuries. Owing to the gravity of the problem, New Jersey law makes a lot of provisions regarding bicycle safety norms.
Initial Supreme Court Opinion Protecting ERISA Retirement Plans
The law has been well settled since 1992, by a Unites States Supreme Court decision, shielding debtors' interests in qualified Employee Retirement Income Security Act (ERISA) plans. Stated clearly, creditors could not touch ERISA retirement plans in bankruptcy. Thus, this Supreme Court opinion was used by bankruptcy attorneys to argue that other related retirement plans were also exempt from the reach of creditors.