Bauchner and D’Artglio review the state of NJ Cannabis Industry

Posted on February 16th, 2017

ANSELL GRIMM & AARON, PC attorneys Joshua S. Bauchner and Anthony J. D’Artiglio recently published an article with High Times Magazine on the emerging cannabis industry in New Jersey.  The article, entitled “New Jersey’s Cannabis Industry Is Growing:  Where Does It Grow from Here?” is available here.

 

ANSELL GRIMM & AARON, PC’s dedicated Cannabis Law Group has an in-depth understanding of the laws both specifically and generally related to cannabis production, sale, use, regulation and legalization and our attorneys are here to help individuals and businesses of all sizes and at any stage of development plan for a successful future.  Please contact Josh (jb@ansellgrimm.com) or Anthony (ajd@ansellgrimm.com) by email or at (973) 247-9000.

Zoning Dispute To Continue in State Court

Posted on February 2nd, 2017

Ansell Grimm & Aaron recently secured a victory for its client, Old Bridge Township Raceway Park, permitting it to continue its fight in state court.  For the past decade, Raceway Park has been involved in a zoning dispute with a neighboring property owner, Dayalbagh Radhasoami Satsang Association of North America (DRSANA), over its plans to build a house of worship and accompanying residential facilities near the famed drag strip.

The matter was before the Old Bridge Township Zoning Board of Adjustment for more than five years and has been the subject of battles in both state and federal courts.

For its part, DRSANA sought to limit all wrangling over its plans and the Zoning Board’s decision to federal court by entering into a consent decree seeking to resolve all issues; including Municipal Land Use Law challenges typically subject to state court review.  Raceway Park’s attorneys filed objections to the approval in state court which DRSANA argued were precluded by the federal consent decree.  In March of 2015, a judge of the Middlesex County Superior Court dismissed Raceway Park’s suit with prejudice finding the consent decree foreclosed the action.

Raceway Park appealed and on January 6, 2017, a three judge panel of the Appellate Division reversed the dismissal permitting the action to proceed in state court.  Among other things, the Appellate Division considered whether the federal court consent decree served as an “end run” around the state court prerogative writ process for challenging zoning decisions; as Raceway Park was not a party to the federal case or the decree.  The Appellate Division also concluded that the trial judge abused his discretion in dismissing the action with prejudice.

Raceway Park is represented by Ansell Grimm & Aaron partner, Joshua S. Bauchner, and by Michael R. Leckstein and Marc A. Leckstein of Leckstein & Leckstein LLC.

Ansell Grimm & Aaron attorneys regularly represent clients in pursuing their property rights against public and private incursion.  For additional information, please contact Joshua S. Bauchner, Esq. (jb@ansellgrimm.com) at (973) 247-9000.

Alternative Dispute Resolution seminar offered

Posted on February 1st, 2017

Richard B. Linderman, Esq. will provide an overview of the Alternative Dispute Resolution process at Community Associations Institute’s Feb. 3 seminar at The Glen at Masons Creek, Hainesport, NJ. Alternative Dispute Resolution is required for community associations in New Jersey, and this program will provide an overview of what mediation is and how it is generally run.

Community managers will receive 2 hours of Continuing Education Credit for participation in the seminar which runs from 9 a.m. to 11:30 a.m. and is preceded by a continental breakfast and registration period from 8:30 a.m. to 9 a.m.

Please note, to receive the continuing education credits managers must register for the program from their individual member profile. Registration for the seminar is available online at CAI’s website.

Class Action suit filed against FieldTurf USA

Posted on January 17th, 2017

FieldTurf advertisement warning about wasting moneyAnsell Grimm & Aaron recently commenced a federal class action litigation against FieldTurf USA and its affiliates in the wake of revelations that the company made false claims about the durability of its artificial turf field systems for years despite knowledge of the product’s defects.

The lead plaintiff in the case is New Jersey Stallions Soccer Academy which installed a FieldTurf USA field in 2010 based on the deceptive information provided by the company.

According to an investigative report by NJ Advance Media, about a year after first beginning installation of the fields, internal communications of FieldTurf USA indicate that executives were concerned that the claims the company was making regarding the durability of the product were not accurate.

Despite being aware of the problems, and mounting evidence that the fields did not perform as claimed, the company continued to market the product with particular emphasis given to its purported durability.

In their advertising, the company claimed, “Making the wrong turf decision can cost you a million dollars”, their customers, such as the Stallions, may end up paying more to repair and replace the field than expected.

In a November 2007 email, a FieldTurf employee wrote that the company’s “claims made regarding the Duraspine… are ridiculous. Every day we are putting stuff out there that can’t and won’t live up to the marketing spin.”

Despite having such information in hand, “FieldTurf engaged in a systematic class-wide campaign to conceal Duraspine Turf’s numerous defects, of which FieldTurf had knowledge,” according to the complaint.

The complaint also noted, “As part of its investigation, NJ Advance Media commissioned the University of Michigan’s Breaker Space Lab to test turf fibers from three Duraspine fields in New Jersey. The tests confirmed the strength of the turf to be well below industry standards, and FieldTurf’s own standards.”

Because FieldTurf installed nearly 1,500 fields (164 in New Jersey) using the system between 2005 and 2012, and at no point during that time did they mention to potential customers the well-known issues with the product’s durability, the Class Action Complaint alleges, among other things, violations of the New Jersey Consumer Fraud Act (N.J. Rev. Stat. § 56:8-1 et seq.) and Breach Of Express Warranty Under New Jersey Law (N.J. Rev. Stat. § 12A:2-313).

Ansell Grimm & Aaron is joined by co-counsel Hagens Berman Sobol Shapiro LLP; Critchley, Kinum & Denoia, LLC and McManimon, Scotland & Baumann, LLC.

Any organization similarly victimized by FieldTurf’s deceptive marketing is eligible to join the suit. Please contact Joshua S. Bauchner, Esq, by email at jb@ansellgrimm.com or by telephone at (973) 247-9000 for more information.

 

 

“Exceptional Circumstances” lead to Grandparents gaining sole custody of child

Posted on January 11th, 2017

Robert H. Siegel, Esq., recently won a major victory in the Monmouth County Superior Court, Family Division, where the trial court awarded Ansell Grimm & Aaron PC clients – the paternal grandparents of a ten-year-old – sole legal custody of a minor child after a two-day trial that commenced in late August 2016.

The child’s biological mother, residing in New York State, petitioned the court for custody of the child immediately after the child’s biological father transferred custody to the paternal grandparents. The lengthy trial tested the parameters of the New Jersey Supreme Court’s decisions in Watkins v. Nelson, 163 N.J. 235 (2000) and V.C. v. M.J.B., 163 N.J. 200 (2000), as well as the New Jersey Appellate Division’s decision in Zack v. Fiebert, 235 N.J. Super. 424 (App. Div. 1989). The trial court explicitly referenced each of those precedential decisions in its oral ruling, which was placed on the record on January 9, 2017.

The trial court held that the paternal grandparents had met their burden of demonstrating the requisite “exceptional circumstances” to show that they had “stepped into the shoes” of the child’s parents, and were thus “in parity with the natural parent.” Having met each prong of the psychological parent standard, the trial court weighed the best interests of the child, and found that the paternal grandparents should continue to raise the child in New Jersey until she reaches the age of majority.

The ultimate impact of this case may be felt by its potential to encourage more far-reaching requests in grandparent custody cases, as the majority of grandparent-related family court decisions have been restricted to providing grandparents with limited parenting time rather than custody.

For questions concerning family law matters, including custody, support, and enforcement issues, please contact Robert H. Siegel, Esq. by email at rhs@ansellgrimm.com or by phone at (732) 922-1000.

 

Bauchner representing Morristown businessman in effort to enforce easement

Posted on January 9th, 2017

Ansell Grimm & Aaron partner Joshua S. Bauchner is representing Morristown business owner James Cavanaugh in his dispute with the town’s Parking Authority over the use of an easement behind his South Street buildings.

Cavanaugh is asserting the historic right to continued and appropriate use of the right of way as the means of loading and unloading for businesses on South Street. Thus far, attempts to have the Parking Authority institute proper controls on the use of the right of way by the neighboring residential building have been unsuccessful.

Problems arose when the Parking Authority granted easement rights to new residential and commercial establishments resulting in overburdening which effectively precluded Cavanaugh’s use.  In the face of indifference on the part of the Parking Authority, the entity tasked with ensuring fair and equitable use of the easement, Cavanaugh was left with no choice but to litigate.

The dispute recently was featured in the Morristown Daily Record, available here:

http://www.dailyrecord.com/story/news/local/morris-county/2017/01/06/iron-bar-owner-morristown-parking-clash-over-back-alley-use/96241970/

Ansell Grimm & Aaron attorneys regularly represent clients in enforcing their property rights against public and private incursion.   For additional information, please contact Joshua S. Bauchner, Esq. (jb@ansellgrimm.com) or Anthony D’Artiglio, Esq. (ajd@ansellgrimm.com) at (973) 247-9000.

CAI offering cyber security seminars

Posted on January 5th, 2017

Stacey Patterson, Esq. will be speaking on the topic of cyber security and its effects on the management and operation of community associations at Community Associations Institute seminars this month in Newburgh, N.Y. on January 25 and in White Plains, N.Y. on January 26.  Please visit the CAI website  for more details and to find out how you can register to learn more about this important topic.

Inside Edition picks up story on Pacelli’s suit against divorce attorney

Posted on December 5th, 2016

Ansell Grimm & Aaron P.C. partner Josh Bauchner’s clients Atesa and Anthony Pacelli are back in the news, as the story of their lawsuit against Manhattan divorce lawyer Peter Cedeno was recently featured on Inside Edition. The Pacelli’s have filed suit against Cedeno, alleging malpractice and sexual assault because of his conduct when Atesa Pacelli had retained him to represent her when the couple was considering separating.

Jen Krimko named to PolitickerNJ Power List

Posted on November 21st, 2016

AGA partner Jennifer Krimko has been named to the 2016 PolitickerNJ Power List, which is Politicker’s compilation of the top 100 most politically influential people in New Jersey. Ms. Krimko is a founding Director of Building a Better New Jersey Together, Inc. (BBNJT) a not-for-profit organization which seeks to end political divisiveness in Trenton and unite New Jerseyans around shared goals while opening opportunities for state residents to enjoy a more prosperous future. Lt. Governor Kim Guadagno serves as BBNJT’s Honorary Chair. See the full list at: http://observer.com/2016/11/politickernjs-full-2016-power-list/.

Posted in News

AGA’s Jay Feldman to Share Civil Procedure Expertise

Posted on November 9th, 2016

Jay Feldman, an attorney at Ansell Grimm & Aaron P.C., will be a featured speaker at the National Business Institute’s November 17 seminar on Applying the Rules of Civil Procedure in New Jersey at the Ramada Plaza Hotel, 160 Frontage Road, Newark, NJ. Mr. Feldman will be speaking on the subjects of “Commencing an Action” and “Using Motions to Enhance Your Case”.

To register for the seminar please visit the NBI website at: Applying the Rules of Civil Procedure in New Jersey. Attendance at the seminar satisfies state-mandated continuing legal education requirements for New Jersey, New York and Pennsylvania. The seminar runs from 9 a.m. to 4:30 p.m. with a 1 hour lunch break at 11:45 a.m. A recording of the seminar with a coursebook, or on-demand audio also is available for purchase.