New Jersey Law Journal | Analysis
By Timothy P. Duggan | January 26, 2022
Valuation of real estate in Chapter 11 cases is challenging to begin with, and adding the effect of COVID-19 to the equation will make litigating valuation issues much more complicated. This article discusses a few cases that provide some guidance on what courts are looking at.
New Jersey Law Journal | Analysis
By New Jersey Law Journal | January 17, 2022
A special supplement containing articles on: pet custody arrangements; questions that remain unanswered by the 'new' alimony statute; whether 50-50 parenting time should be presumed under the law; advocating for out-of-district placement for children with disabilities; and the role of a guardian ad litem in contested custody cases.
New Jersey Law Journal | Analysis
By Eliana Baer, Jessica C. Diamond and Lindsay A. Heller | January 14, 2022
Given the confusion and lack of clear understanding surrounding guardian ad litem appointments, this article explores the nuances of the role of the GAL in the context of contested custody cases and litigation.
New Jersey Law Journal | Analysis
By Debra A. Clifford and Mary Frances Palisano | January 14, 2022
Every child with a disability between the ages of 3 and 21 is entitled to free and appropriate public education in the least restrictive environment. This article explores when an out-of-district placement is needed, and how to best advocate for the appropriate placement.
New Jersey Law Journal | Analysis
By David S. Carton and Lynne Strober | January 13, 2022
There has been a dramatic increase in courts awarding fathers more parenting time than historically allocated to them. The debate over shared parenting, and whether or not a presumption of same is appropriate, is a hot-button issue to watch for in 2022 and beyond.
New Jersey Law Journal | Analysis
By Matheu D. Nunn, Alyssa S. Engleberg and Christopher Rade Musulin | January 13, 2022
The "new" alimony statute is more than seven years old, yet it still leaves unanswered questions. This article is focused on N.J.S.A. 2A:34-23(k), which permits a non-self-employed spouse to seek a modification of alimony, and whether subsection (k) can be applied retroactively.
New Jersey Law Journal | Analysis
By New Jersey Law Journal | December 13, 2021
Third Circuit's Guidance on 'Issue Class' Takes a Holistic View on Rule 23 Requirements. Proposed Amendments to FRE 702: The Court as Gatekeeper to Expert Testimony. Third Circuit to Revisit Administrative Feasibility Prong of Heightened Ascertainability Requirement. Testimony of Witnesses In-State and Out-of-State: Issues to Consider Under NJ Law.
New Jersey Law Journal | Analysis
By Daniel B. Carroll, Kaitlyn E. Stone and Michael C. Zogby | December 10, 2021
This article focuses on interactions with current and former company employees under New Jersey law, with attention to implications for out-of-state witnesses involved in New Jersey litigation, and witnesses involved in litigation outside of the state who reside in New Jersey.
New Jersey Law Journal | Analysis
By Caroline E. Oks | December 9, 2021
The Circuit will once again address its strict ascertainability requirement for class certification in the case 'In re Niaspan Antitrust Litigation.' This appeal represents the first ascertainability case in the Third Circuit that focuses on the pharmaceutical industry and the ability to identify, through expert testimony, who paid for prescription drugs.
New Jersey Law Journal | Analysis
By Beth S. Rose and Charles J. Falletta | December 9, 2021
The Advisory Committee on Civil Rules of the Federal Judicial Conference, recently approved two important amendments to Rule 702 of the Federal Rules of Evidence concerning expert witness testimony. The proposed amendments are a step in the right direction to a more consistent application of Rule 702.
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