New Jersey Family Law

Can I Get A Witness?

The father wanted to call his 11 year old son as a witness. He claimed that the boy was present and in a position to observe certain of the interactions between his parents. The trial court's ruling barring the child's testimony is affirmed and the father's claim that he was denied a fair hearing is rejected. Quick v. Quick, New Jersey App. Div., April 26, 2005.

From High To Low

This was a high-asset, lavish lifestyle New Jersey divorce. He was worth over $35.5 million before, but suddenly claimed he was "penniless" shortly after signing a pendente lite support agreement. Once the trial judge found that the marital lifestyle belied this contention, the husband's authority over two corporations and the family trust entities was terminated, his involvement was discontinued and the wife was appointed trustee with sole and exclusive management authority. The Appellate Division affirms. Sherman v. Greitzer, et al., New Jersey App. Div., March 25, 2005

Embryo : Wrongful Death

A Chicago judge has ruled that a husband and wife will be allowed to proceed with a wrongful death suit against a fertility clinic that allegedly discarded their fertilized egg. This may affect abortion law, stem cell research, genetic testing and a wide range of other issues. The Judge focused on two questions: is a pre-embryo a human being? must it be implanted in its mother's womb to give rise to a wrongful death action? The Court said the terms "fertilization" and "conception" are synonymous under Illinois abortion laws, making a pre-embryo a human being. Miller v. American Infertility Group, No. 02L7394 (Cook County, Ill., Cir. Ct.). February 18, 2005

Breaking Up : Hard To Sue

"Alienation of Affection" is the legal term for the cause of action commonly known as "getting dumped". In New Jersey family law, this cause of action has been barred for decades, so getting monetary or other relief can be tricky when an engagement is broken off. Nevertheless, some theories of liability remain, highly dependent on the facts and circumstances. This is true as well in the other 42 states that have also banned similar causes of action. However, 7 jurisdictions still recognize this theory and can grant significant compensatory and punitive damages where appropriate. They are : North Carolina, Hawaii, Illinois, Mississippi, New Mexico, South Dakota and Utah. February 14, 2005.

No Malpractice For Guardian

When a lawyer acts for a minor child in a New Jersey divorce action, she is usually appointed guardian ad litem. In this case, the lawyer-defendant was appointed to represent the child in a custody and child support proceeding. After the litigation, this lawyer was sued for malpractice, for alleged negligence in carrying out her representation. But the malpractice case was thrown out because the lawyer enjoyed absolute immunity due to her functioning in a quasi judicial capacity. The decision followed prior precedents in Minnesota, Missouri, South Carolina, Texas and Wisconsin. Sarkisian v. Benjamin, Mass. App. Ct., January 18, 2005; http://pub.bna.com/fl/031265.htm.

Subpoena : Bring It Or Else

A  subpoena is essentially a court order to appear. If you disobey that order, you do so at your peril and subject yourself to whatever sanctions may be appropriate. In this case, a real estate appraiser refused to appear in response to subpoenas duces tecum and ad testificandum, without being paid $150 per hour (instead of the appraiser’s usual wages ). The appraiser allegedly also threatened to not testify truthfully, if compelled to appear. The failure to appear was wrongful, the motion to quash the subpoenas was denied  and counsel fees and costs were assessed. Reddy v. Ibrahim, New Jersey Chancery Div., January 7, 2005.

New Jersey Divorce : Best Lawyers in America

Charles C. Abut, Esq. has once again been peer-selected for inclusion in the 2005-2006 edition of Woodward and White's "The Best Lawyers In America."