Please read this new unpublished Appellate Court decision
“Emancipation of a special needs child who attends college part-time.”
Please click to read here: a2001-10
Any questions regarding emancipation should be addressed to Fox & Melofchik, LLC, as we handle these issues professionally. Please visit our website at http://www.jerseylawoffice.com.
Fox & Melofchik – New Jersey Civil Rights Lawyer - addresses civil union issues as well as divorces.
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A lawsuit asserting that New Jersey’s civil union law does not provide proper benefits to same-sex couples has been bolstered by a state Superior Court judge’s ruling.
Superior Court Assignment Judge Linda Feinberg in a ruling published Tuesday allowed the suit against the state to include a previously dismissed argument that New Jersey’s marriage laws deny equal protection under the 14th Amendment to the U.S. Constitution.
The judge noted that other courts have considered challenges to discriminatory state marriage practices based on federal constitutional grounds.
“We’re reviewing the decision,” said Leland Moore, a spokesman for state Attorney General Jeffrey S. Chiesa.
The ruling keeps alive the possibility that same-sex marriage can be enacted, even as efforts through the legislative route have been blocked.
State lawmakers last week sent a Democrat-sponsored marriage-equality bill to Gov. Chris Christie’s desk, but the Republican governor, as he had promised, shot down the measure.
Feinberg’s decision was cheered by Lawrence S. Lustberg, one of the attorneys who last June filed the original four-count complaint Superior Court, Mercer County, on behalf of Garden State Equality, an organization with more than 82,000 members, along with seven same-sex couples and 10 of their children.
“It’s important. There are different interpretations of the federal and the New Jersey constitutions. This gives us another way to win,” said Lustberg, from the firm of Gibbons P.C.
Lustberg noted that the motion to broaden the lawsuit was filed before — but likely aided by — a ruling from a federal appeals court panel that said a California-approved ban on gay marriage violated the equal protection and due clauses of the federal constitution.
Feinberg’s 27-page decision includes passages that underscore the rejection by courts of relying on tradition as a basis for discrimination against a class. Lustberg says that analysis bodes well for the plaintiffs.
“Tradition is the main thing the state has pointed to for not altering the present laws,” he said.
Discovery is expected to continue in the coming months with the trial expected to begin next year.
A very interesting unpublished Appellate Court Decision.
“If you fail to provide requested discovery, your complaint will eventually be dismissed.” Here, at Fox & Melofchik, L.L.C., we monitor each matter so nothing slips through the cracks. – please visit our website at http://www.jerseylawoffice.com
Please click to read here: a3260-10
As originally published by:
Please read this recent Supreme Court Decision on Zoning & Planning Law.
Why an excellent and experienced attorney, such as Gary E. Fox of Fox & Melochik is needed for Zoning and Planning issues.
Please click here: A10710AmericanDreamvTownshipofMarlboro.
Please read this approved Appellate Decision:
“Judges must provide statement of facts and reasoning/opinions with orders, not months later . . .”
Click to read here: a1066-09
As originally published at:
Harassment by text and email is still harassment!
Highly recommend these two unpublished appellate cases addressing and upholding Final Restraining Orders based on harassment by text, email, etc.
Click to read here: a3670-10 and also here: a0817-10
As originally published by:
Here it is – a Supreme Court decision reversing the Appellate Court!
“Personal Injury resolved on the merits when it should have been resolved by a jury. The Court’s function is not to weigh the evidence and determine the outcome, but only to determine if a material dispute of fact existed”
Click to read here: A9510RowevMazelThirty
As originally published by:
The Importance of Trial Court Procedures…
Please read this very interesting published appellate decision on “Trial Court’s Procedure Calls for Reversal and Remand”.
Click to read here: a1066-09
As originally published by:
Highly recommend reading this unpublished appellate decision on “Filing Amended Complaints”:
Please click to read here: a3493-10
Originally posted at: http://www.judiciary.state.nj.us
Please read this intriguing unpublished appellate decision on “Modification of Support Obligations – Professional Ballplayer”:
Please click to read here: a2046-10
Originally posted at: http://www.judiciary.state.nj.us
