Blogs / Events / Articles / News

Category:

New Jersey Supreme Court Limits Duty Owed by Dram Shop to its Customers

On May 7, 2009, the New Jersey Supreme Court took a step toward limiting the duty owed by a purveyor of alcoholic beverages to its patrons.  In Bauer v. Nebbitt, 399 N.J. Super. 71 (2009), the state Supreme Court held that neither the common law nor New Jersey Jersey's Dram Shop Act (N.J.S.A. 2A:22A-1 et seq.) imposes a duty upon businesses to...

Read more >>

Superior Court Rules Child Support May Survive Payor's Death

By Michael Bertin The Legal Intelligencer  June 9, 2009 It is understood by family law practitioners that child support generally terminates upon the emancipation of the child or the death of the payor. Pursuant to Pennsylvania caselaw, parents do not have a duty to provide for minor children in their estate. However, pursuant to the recent...

Read more >>

Pennsylvania Child Custody Jurisdiction Lost Despite Parent Remaining in Pennsylvania

In 2004, the commonwealth of Pennsylvania adopted the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. The UCCJEA replaced the Uniform Child Custody Jurisdiction Act, or UCCJA. It was believed that the UCCJEA would solve many of the problems that occurred under the UCCJA regarding child custody jurisdictional disputes. Under the U...

Read more >>

Incarceration Terminates Child Support, Remits Arrears in Plunkard

As most family law practitioners are aware, the 2007 Pennsylvania Superior Court case of Nash v. Herbster was a case of first impression applying the then fairly new Rule 1910.19(f) to incarceration as being a substantial change in circumstances for purposes modifying or terminating child support, after considering the official comment to said rule...

Read more >>

Court Orders Attorney Fees in Child Custody Contempt Case

The recent Pennsylvania Superior Court case of Hopkins v. Byes reiterates that it may be appropriate for a trial court to order attorney fees against a party found in contempt for failing to follow a child custody order. Hopkins v. Byes is a custody case that arose in Erie County, Pa. The relevant facts of the case are as follows: Sonya Byes and Jo...

Read more >>

Mandatory Wellness Programs: Considerations for Avoiding Legal Pitfalls While Ensuring Organizational Health

THE CORPORATE COUNSELOR, 2008 Most employees typically spend more than half of their waking hours at work. Unsurprisingly, work culture can have a serious impact on their health. As a result, many companies have designed wellness programs to promote a healthier work environment and prevent and manage diseases in an effort to maintain employee heal...

Read more >>

Court Enforces Rules for In Camera Interviews with Children

The recent Pennsylvania Superior Court case of Hopkins v. Byes reiterates that it may be appropriate for a trial court to order attorney fees against a party found in contempt for failing to follow a child custody order. Hopkins v. Byes is a custody case that arose in Erie County, Pa. The relevant facts of the case are as follows: Sonya Byes and Jo...

Read more >>

Unincorporated Divorce Property Settlement Agreement Enforceable

The Pennsylvania Superior Court case of Annechino v. Joire provided a reminder and clarification to family law practitioners regarding the enforceability of property settlement agreements. Donna Annechino and Kenneth Joire entered into a property settlement agreement May 15, 2001. On Aug. 2, 2001, a divorce decree was entered, divorcing the partie...

Read more >>

Entering The U.S. Market: Opportunities And Risks

With a weak dollar and many strong foreign currencies, investors from around the globe (both individuals and institutional) are interested in taking a look at the U.S. market. After all, the U.S. market is still one of the largest and most homogeneous markets in the world. It is composed of an ever consuming public, speaking a single language, and...

Read more >>

Statute Requires Collection of Child Support Arrears From Injury Settlement

The Pennsylvania Superior Court recently addressed the application of the relatively new Domestic Relations Statute 23 Pa.C.S.A. Section 4308.1 pertaining to "Collection of Overdue Support for Monetary Awards," in the case of Faust v. Walker. Interestingly, the appellant in this case was the domestic relations office of the Dauphin County Court of Common Pleas.

Read more >>