Articles

A beacon or mirage for New Jersey Employers?

On January 8, 2002, the United States Supreme Court issued its decision in Toyota Motor Manufacturing v. Williams. In reversing an opinion by the Sixth Circuit Court of Appeals, a unanimous Court determined that the plaintiff, Ella Williams, had not shown under the Americans with Disabilities Act (“ADA”) that she was substantially limited in the major life activity of manual tasks. This decision was widely reported in the local press and unwary New Jersey employers might be inclined to place reliance on this decision in making employment related decisions regarding their employees who suffer some form of physical or mental impairment. At least in New Jersey, such reliance is a risky proposition.

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The American Bankruptcy Institute reported the 106th Congress adjourned sine die Friday, closing out any hope for final enactment of the Bankruptcy Reform Bill. President Clinton now can safely pocket veto the bill. (more…)

by Robert A. Muccilli, Esq.

The Third Circuit Court of Appeals recently upheld an administrative hearing officer’s decision awarding reimbursement to a parent who herself provided Lovaas therapies to her child. Bucks County v. Commonwealth of Pennsylvania, et.al, 379 F.3d 61 (3d Cir. 2004). Lovaas’ therapy is a highly structured behavior methodology used to teach some children with autism disorders. (more…)

by Robert A. Muccilli, Esq.

On March 6, 2000, the New Jersey State Board of Education proposed changes to the State’s rules governing special education. The proposed changes are largely designed to bring the rules into conformity with final revisions to the federal special education regulations that were published in March 1999. (more…)

On May 18, 2001, President Bush signed H.R. 256, which retroactively and temporarily re-enacts chapter 12 bankruptcy protection to family farmers through the end of the month according to the American Bankruptcy Institute. The legislation, which originally expired last summer, was passed by a voice vote by the Senate in April. The American Bankruptcy Institute reports the proposed bankruptcy reform bill (S .420, H.R. 333) contains a measure making chapter 12 permanent, but despite the bill’s passage by both the Senate and House, an impasse over the makeup of conference committees has prevented the measure from reaching the President’s desk. The temporary extension of Chapter 12 bankruptcy protection will expire at the end of the month. (more…)

by Robert A. Muccilli, Esq.

On November 5, 2001, the New Jersey Department of Education proposed an amendment to N.J.A.C. 6 A:14-2.7(b) which removes from a school district responsible for development of a student’s individualized education program (“IEP”) the option of requesting a due process hearing when the district is unable to obtain parental consent to implement an initial IEP. The Department indicates that this change is necessary to conform to the new interpretation of the United States Department of Education (“USDOE”) that USDOE special education rules only permit a school district to use due process procedures when a parent refuses to consent to an initial evaluation or a re-evaluation. (more…)

by Richard T. DeCou, Esq.

Tax Planning Complexity

In our recent Alert to you we reported that, retroactive to 1/1/02, New Jersey has frozen its estate tax at 12/31/01 levels, refusing to accept the recent changes in the federal estate tax. Whereas the exemption from the federal estate tax increased from $675,000 to $1,000,000 on 1/1/02 (with future increases scheduled), the New Jersey exemption remains at $675,000. (more…)

by Alan P. Fox, Esq.

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The New Jersey Municipal Land Use Law (MLUL) provides for certain rights that a developer accrues upon the grant of preliminary subdivision and preliminary site plan approval. The effect of preliminary approval of a major subdivision under the MLUL vests certain rights for a three-year period from the date on which the resolution of preliminary approval is adopted against a change in zoning ordinance amendments, except only those which relate to public health and safety. Also is the right to apply any time within such three-year period for final approval as to the whole or any section or sections of the preliminary subdivision plat. (more…)

by Richard T. DeCou, Esq.

There are two recent developments affecting estate planning for New Jersey residents:

1. New Jersey Estate Tax Changes.

Last year’s federal estate tax decreases seemed to cause decreases in the New Jersey tax as well, but New Jersey has now declined to go along. As part of the McGreevy tax package, the New Jersey estate tax is frozen at December 31, 2001 levels. (more…)

The American Bankruptcy Institute reports the Bankruptcy Reform Act of 2000 was presented to the President on December 7, 2000 triggering the start of the 10-day period for the President’s action to sign or veto the bill. Under the Constitution, the President has 10 days (Sundays excepted) to act on a bill after it has been presented. This means Presidential action must be taken by December 19, 2000. (more…)