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September 2016 Archives

New Jersey Surrogacy: Determining Parental Rights in Cases of Child Surrogacy and Sperm/Egg Donation

Couples having difficulty conceiving a child sometimes enlist a third party surrogate to become parents. Surrogacy presents a viable option for intended parents in New Jersey, but they must wait until after the child’s birth to adopt the child and assert their parental rights. Problems arise when a surrogate refuses to relinquish the child, which

Tremendous Payday for a Whistleblower: Rewarding Employees Who Report Employer Wrongdoing

A former employee has been awarded more than $10 million for providing key information that led to a successful enforcement action by the federal Commodity Futures Trading Commission (CFTC). This is the largest award ever granted by the CFTC for violations of the Commodity Exchange Act (CEA). It is the second largest whistleblower award overall,

The Psychological Parent in NJ: Can Your Well-Intended Neighbor Seek Court-Ordered Visitation With Your Kids?

Parents have a constitutional right to raise their minor children, free from government intrusion or interference. Parental rights are not absolute, however, and when the welfare of a child comes into question, the law may step in and limit or shape these rights in varying degrees to serve the best interests of the child. During

“You’re Fired!!” Workplace Conduct Rules, Properly Applied, Trump Unlawful Disability Discrimination Claims

In April of 2013, Lisa Caporicci informed her manager at the Chipotle restaurant that she took prescription medication for treatment of bipolar disorder. She did not mention any side effects or other problems that could result from taking the medication. Then in May 2013, Lisa began taking new medication for panic attacks, but did not

What Rights do New Jersey Children Have When Their Parents Divorce?

Divorcing parents have some serious decisions to make regarding the health, safety, security, and welfare of their children. Whether a divorce proceeds amicably or with complications, a recently devised Bill of Rights for Children is one of the most helpful resources for divorcing couples. Developed by the New Jersey Chapter of the Association of Family

Discrimination Lawsuit: Fired for a Disability He Didn’t Even Have

Discrimination for the mere perception of a disability, even if an employee does not in fact have it, can be enough to win a lawsuit under the Americans with Disabilities Act (ADA) and the NJ Law Against Discrimination (LAD). A recent case involving the U.S. Equal Employment Opportunity Commission (EEOC) against Plasma Biological Services, LLC,

Frozen Embryos in NJ Divorces: Who Gets to Keep Them?

It’s not the most typically litigated issue in our State, yet the Supreme Court of New Jersey has addressed who should get frozen embryos in a divorce. The Court looked at whether the wife had a right to keep her pre-embryos that had been stored at an in vitro fertilization clinic, and whether the clinics’

Successful Workspaces: “What’s Trust Got to Do With It — Got to Do With It?”

A recent article by New York Times Bestsellers’ List authors Stephen M. R. Covey and Douglas R. Conant makes a resounding case for emphasizing trust in employment relationships. They posit a common sense idea that many organizational disputes come down to a lack of trust, saying “most organizational performance issues are actually trust issues in

No Good Deed Goes Unpunished: May a NJ Divorcing Spouse Sue the Generous In-Laws for Family Support or Equitable Distribution?

Let’s revisit a 2005 divorce action, Idleman vs. Idleman, in which a wife sued her husband’s parents for family support.  Doug Idleman was seriously ill, too sick to work.  His parents generously supported the couple’s lavish lifestyle for the last two years of the marriage. They paid the mortgage on the parties’ $775,000 home in

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