Blogs / Events / Articles / News

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...

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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...

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The Obermayer Advisor Estate Planning - Spring 2009
HELPFUL HINTS FOR OUR CLIENTS

Periodic Review of Beneficiary Designations is Highly Recommended

It is happening with increasing frequency: proceeds of Individual Retirement Accounts and insurance policies discovered by families to be payable to clearly incorrect (or unintended) beneficiaries. We have seen many examples of this phenomenon in recent months. There was the IRA payable to the decedent’s estate rather than to his only child. The lack of a named beneficiary for an IRA usually triggers a default provision naming the estate as the beneficiary, and this causes adverse income tax consequences and exposes the proceeds to possible estate creditors. In other cases, insurance policy proceeds were payable to the trustees of a trust that had been revoked fifteen years before and payable to the trustees named in a Will superseded by a Will that established no trusts.

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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...

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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...

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The Obermayer Advisor Employment Alert - Winter 2008/2009

Inside this issue:

The Death of Secret Ballot Elections? Predicting the Future of Union Organizing Activity Under President-Elect Obama

Who is Disabled? Preparing for a New Wave of Disability Claims

Obermayer’s Wining Ways

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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...

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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...

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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...

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The Death of Secret Ballot Elections

Click on the link to read the article.  The Death of Secret Ballot Elections?

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