Wilentz, Goldman & Spitzer P.A.

Challenging Psychological Tests in Litigation – The Value and Limitations of The MCMI-III™

The Millon Clinical Multiaxial Inventory III (“MCMI-III”™) is a popular assessment tool used by clinical psychologists, that has been in use since approximately 1977. This instrument has been the subject of many articles and…more
| Civil Procedure, Criminal Law, Science, Computers, & Technology

SURPRISE!!! The NJ Out-of-Network Consumer Protection, Transparency, Cost Containment, and Accountability Act Goes Forward and Stalls

On November 17, 2015, New Jersey lawmakers forged ahead with the controversial legislation that addresses, among other things, “surprise” medical bills from out of network providers. According to its sponsors, the purpose of the…more
| Elections & Politics, Health, Insurance

OIG Issues Alert on Physician Compensation and Medical Director Arrangements

On June 9, 2015, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a Fraud Alert entitled "Physician Compensation Arrangements May Result in Significant Liability" (OIG Alert). The OIG…more
| Health

Introducing Stark Phase V

On November 16, 2015, the Centers for Medicare and Medicaid Services (“CMS”) published the most significant changes to the physician self-referral law (“Stark Law”) regulations since 2008. Currently being referred to as “Stark…more
| Health

Check--and Double Check--to Avoid Professional Liability in New Jersey

A recent New Jersey Supreme Court decision warns that health-care facilities that fail to do appropriate due diligence before granting privileges to physicians could face potential liability for that failure. In Jarrell v. Kaul,…more
| Health, Insurance, Labor & Employment Law, Personal Injury, Professional Malpractice

The Queen of Pop’s Custody Battle

This Christmas, gifts were the last thing on the mind of America’s material girl, Madonna. Instead, she and her ex-husband, Guy Ritchie, are entrenched in a custody battle, fighting over where their 15-year-old son Rocco will…more
| Family Law

What’s in a name?

What’s in a name? That which we call a rose By any other word would smell as sweet. So Romeo would, were he not Romeo called, – Romeo and Juliet, Act 2, Scene 2 In B.S. v. T.S., an unpublished Trial Division opinion authored by…more
| Family Law

Forcing the Sale of a Marital Home Post-Divorce

Married spouses often jointly own a home secured by a mortgage in both parties’ names. Divorcing spouses often agree or are court-ordered to divide their joint ownership interests in their marital home and their joint liability…more
| Family Law, Finance & Banking, Real Estate - Residential

When are Supervisors Liable for the Actions of Subordinates in Federal Civil Rights and Police Liability Cases?

In Federal civil rights actions under 42 U.S.C. § 1983, supervisors are frequently named as defendants, even in circumstances were the supervisor was not directly involved or did not even have knowledge of the actions of the…more
| Civil Procedure, Civil Rights, Criminal Law

When Violence begets Violence: The Provocation Defense to a Domestic Violence Restraining Order

All too often in domestic violence cases, the victim and the alleged perpetrator both commit some form of violent act against one another. In a recent unpublished decision, R.C. v. R.W., Judge Lawrence Jones of the Ocean County…more
| Family Law

The Limits to Ordering Computer Monitoring as a Special Condition of Supervised Release in the Federal Court System

There are limits to when a Federal District Court Judge may order computer monitoring by United States Probation as a special condition of supervised release. While it can be argued that individuals on supervised release have a…more
| Constitutional Law, Criminal Law, Privacy, Science, Computers, & Technology

Inside The New Complex Business Litigation Program For The New Jersey Superior Court

After years and years of discussion and debate, the New Jersey Supreme Court, by Order of Chief Justice Rabner, has implemented a state-wide Complex Business Litigation Program (the “Program”) designed to address the…more
| Civil Procedure, Commercial Law & Contracts, Construction Law

New Jersey’s Juvenile Waiver Reform and the Nexus Between Adolescent Development and Criminal Responsibility

Few issues spark greater controversy and shake the moral compass more than those arising from the treatment of young offenders in the justice system. The tension between the instinctive desire to nurture and reform youth and the…more
| Criminal Law

The Paradox of Cell Phones: When the Convenience of Digital Communication becomes Inconvenient

These days, you will be hard pressed to find anyone without a cell phone in their possession. Not surprisingly, those cell phones often capture someone at their best and, at times, their worst moments. As Judge Lawrence R…more
| Communications & Media Law, Family Law, Science, Computers, & Technology

“What’s mine is mine, and what’s yours is mine.”

In the recent Appellate Division reported decision of N.T.B. v. D.D.B., the Court was required to grapple with whether the destruction of a door within a married couple’s joint home constituted “criminal mischief” for purposes…more
| Family Law
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90 Woodbridge Center Drive Suite 900 Box 10
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