Wednesday, April 14, 2021
Outside the legal setting, “caveat” generally means a warning or caution. As addressed in our previous blog post, “It May Be Up To You To Prevent Exploitation,” it is also a simple and effective way to prevent a Will from being probated. However, a recent decision by the Appellate Division of the New Jersey Superior Court (
In the Matter of the Estate of Rost, Docket No. A-1807-19) highlights the need for beneficiaries to proceed with caution before filing a Caveat.
Beneficiaries Should Exercise Caution
Wills of New Jersey decedents are generally probated through County Surrogate Courts. Probate is simply the process by which a Will is proven to be a valid legal document and through which the appointment of the Executor named in the Will (also known as a “Personal Representative”) is certified. New Jersey law provides that a decedent’s Will cannot be probated any earlier than 10 days after his or her death. Within that time, or an
By Sharon Mark Cohen | April 08, 2021
Bruce D. Buechler of West Orange was one of 12 superior court judges confirmed by the New Jersey State Senate in March. Buechler, a partner at the Roseland law firm Lowenstein Sandler LLP, served as vice chair, Bankruptcy and Restructuring Department. He left his long-held position to join the New Jersey Superior Court Bench on April 6, where his assignment is to the Civil Division in Essex County.
After practicing law for 33 years, as a superior court judge Buechler will serve at the trial level. He will conduct trials and rule on various pre-trial motions. The cases will run the gamut from complex commercial litigation to breach of contract and personal injury lawsuits. While in the civil division, he will also handle malpractice cases, landlord-tenant disputes, civil rights and discrimination litigation. His position covers a broad jurisdiction where hundreds of different types of cases can come before him. Judges rotate among
NJ Atty Must Face Doomed COVID Trial Claims, Court Told law360.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from law360.com Daily Mail and Mail on Sunday newspapers.
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WOODBRIDGE, N.J., April 6, 2021 /PRNewswire/ Wilentz, Goldman & Spitzer, P.A. today announced that firm Chairman Brian J. Molloy has been appointed as its General Counsel. Molloy takes the reins from Frank M. Ciuffani, retired Presiding Judge of the New Jersey Superior Court, General Equity Division, and Of Counsel at Wilentz, who has served in the position since 2018. Judge Ciuffani will continue to provide mediation, arbitration and consultation and discovery master services.
As General Counsel, Molloy serves as the firm s key advisor concerning the law governing lawyers, governance matters, risk management, and policy implementation. From 2008 until 2021 Molloy served as President and Managing Director; he has been a shareholder at Wilentz since 1986.
Tuesday, April 6, 2021
To the extent that it attempted to limit the prospective waiver of procedural rights in favor of arbitration or other alternative dispute resolution, the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD) is preempted by the Federal Arbitration Act (FAA), a New Jersey federal court has ruled in an unpublished opinion.
The NJLAD amendment in Section 12.7, passed in March 2019, sought to make unenforceable any provision in an employment contract that waived any substantive or procedural right relating to discrimination, retaliation, or harassment claims. The court reasoned that, in violation of Section 2 of the FAA, Section 12.7 effectively disfavors agreements to arbitrate certain types of claims.