Electric vehicle (EV) charging is no longer a “nice to have” amenity that gets negotiated late in the review process. Since 2021, New Jersey law has embedded EV infrastructure requirements into both site plan submissions and the municipality's master plan. Below is a roadmap for planners, boards,...
New Jersey may expand its wrongful death statute to allow the recovery of damages for mental anguish, emotional pain and suffering, loss of society, and loss of companionship. Currently, damages are limited to pecuniary losses and funeral expenses. The proposed change enables surviving family mem...
If you own a small business, you will be expected to comply with the Corporate Transparency Act (the “Act”). The Act imposes a requirement for corporations doing business in the United States to report information regarding their “beneficial owners”. A beneficial owner is, among other things, s...
Nicholas DeFuria joins Lavery Selvaggi following his clerkship with the Honorable Mary K. Costello, P.J.Ch. in Hudson County Superior Court in Chancery Division. Nicholas attended Drew University where he obtained a bachelor's degree in political science. After graduating from Drew University, ...
The New Jersey Supreme Court has provided us with the second meaningful shakeup to the Open Public Records Act (“OPRA”) in the past 12 months. On January 21, 2025, the Court decided Fuster v. Twp. Of Chatham, which has significant implications on OPRA requests relating to police body cam footage....
A Superior Court Judge recently approved a settlement in a wrongful death action in the amount of $1,725,000. The attorneys of Lavery, Selvaggi & Cohen, led by Lawrence P. Cohen, filed a lawsuit on behalf of a family who lost their husband and father in a motor vehicle accident in June 2019 in...
Estate planning involves more than just drafting a will. It encompasses a variety of legal documents designed to protect your assets, ensure your healthcare wishes are honored, and provide for your loved ones after you have passed or if you are unable to make decisions. Below is a brief descrip...
On April 23, 2024, the Federal Trade Commissions (“FTC”) voted 3-2 to issue a final rule banning most non-compete clauses in employment agreements nationwide. The FTC is a federal administrative agency tasked with protecting the public from deceptive or unfair business practices and from unfair m...
The New Jersey Open Public Records Act (OPRA) was designed to provide the public with ready access to all government records “made, maintained or kept on file in the course of . . . official business,” unless the record falls into one of the statute's many exemptions. Although OPRA shields a pub...
Many people have heard the term Estate Plan, but they may not know what it means. Some people may have been told by their family or friends that they need to get an Estate Plan. This is generally good advice, but it does not help one understand what an Estate Plan is or why it is needed. Depen...
A fundamental step when presenting a land use application to your municipal zoning or planning board is first putting the public on notice of the application. Notice is a jurisdictional requirement that must be satisfied before a board may even consider your application. The Municipal Land Use La...
Purchasing automobile insurance is a confusing and often misunderstood process. If you don't purchase proper insurance, it may have catastrophic consequences should you be involved in an accident. When choosing insurance coverage, it's easy to be fooled into thinking you're saving money when you ...
Paul D. Mitchell joins Lavery Selvaggi from a general practice firm in Basking Ridge. He also previously maintained a private solo practice. A graduate of Rutgers University School of Law, Mitchell has extensive experience counseling clients in real estate, estate planning, and small business ma...
Richard W. Wenner was elected as a Trustee to the New Jersey Institute of Local Government Attorneys. The NJILGA has a membership of approximately 300 attorneys engaged in the representation of various local government units in the State of New Jersey, including municipalities, counties, plannin...
On March 19, 2020, the New Jersey Supreme Court issued an order extending the filing deadline for all property tax appeals in New Jersey. The April 1st deadline has been extended to May 1, 2020, or 30 days following a determination by the Governor that the State of Emergency declared under Execu...
If you have been convicted in the past for a marijuana-related offense, expunging your record just got a lot easier. On December 18, 2019, Governor Phil Murphy signed Senate Bill S-4154 into law which modified the severity of the offenses for certain marijuana and hashish related violations maki...
The New Jersey Bulk Sale Statute is intended to protect a buyer from inheriting any tax debt when buying a seller's business assets. It applies to any sale (or transfer or assignment) of an individual's or company's business assets. When such a sale is proposed, the Division of Taxation must be n...
Every October, LSAC joins with Atlantic Health Systems to promote their #AskHer campaign, designed to raise breast cancer awareness. LSAC and Atlantic Health Systems recognize that so many women put the care of others before themselves, and believe that it is up to each of us to remind the women...
The New Jersey Charitable Immunity Act is designed, in part, to provide qualifying institutions with immunity from civil claims of negligence. The rationale and purpose of charitable immunity is to encourage altruistic activity by limiting the economic impact of litigation on charities. Whether...
On August 7, 2019, Governor Phil Murphy signed into law the “Cleanup Bill”. This new law will make it easier for victims to sue a municipality and public officials in cases involving sexual misconduct. The law also can also hold public entities and employers liable for their negligent hiring, r...
Recently, Acting Governor Sheila Y. Oliver signed A1094 into law, which will prevent employers from asking about workers' wage and salary history. A1094 makes it an unlawful employment practice in New Jersey for any employer to screen a job applicant based on their salary history, including prio...
In an effort to address the negative consequences stemming from vacant, abandoned and other troubled unused properties, New Jersey recently passed legislation that allows for the creation of land banks. Under the Land Bank Law the State will allow municipalities to designate single entities to a...
The New Jersey Tort Claims Act, in part, provides New Jersey public entities with certain defenses and/or immunities from liability, including certain conditions of public property. The Tort Claims Act declares that neither a public entity, or a public employee, is liable for an injury caused by...
The former Ingersoll-Rand site in Phillipsburg, New Jersey has been designated by the Town as an area in need of redevelopment. The site was purchased by a developer and is now being redeveloped. Recently, the project was designated as the largest industrial project site in the United States. ...
A power of attorney allows you to designate someone else to handle your financial affairs and to make and/or sign agreements on your behalf. The person who executes the power of attorney is called the “principal,” and the person to whom the power of attorney is given is called the “agent” or “at...
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