AGA Partner Josh Bauchner quoted by Law360 on Copycat suit against Fitness Center Client

Posted on September 16th, 2015

Ansell Grimm & Aaron PC partner Josh Bauchner, a member of the Litigation and Bankruptcy departments of AGA, was recently quoted by Law360. Bauchner represents Fitness center chain Club Metro USA LLC in a proposed class action which Bauchner termed a copycat suit which has been brought against other gyms in New Jersey and is without merit. The story is available here. (registration is required to read the full article)

David Byrne to be featured on “The Voice of Real Estate” Radio Program

Posted on September 11th, 2015

Tune in to 920AM – THE VOICE on Sunday, September 20th at 9AM to hear David Byrne, Esquire, Chair of Ansell Grimm & Aaron’s Community Association Group as he discusses Community Association Law. David will be interviewed by Debbie Lang, Realtor, host of “The Voice of Real Estate”. David limits his practice to the representation of condominiums, community associations, cooperatives and homeowners associations. A podcast of the program will be available for download on www.ansellgrimm.com after the show airs.

For more information about AGA’s Community Association Group, contact David at 609-557-1031 or via email at djb@ansellgrimm.com.

Honecker named to Supreme Court’s Criminal Practice Committee

Posted on September 4th, 2015

Robert A. Honecker Jr., Esq., a partner with Ansell Grimm & Aaron, P.C., has been appointed to represent the New Jersey State Bar Association on the State Supreme Court’s Criminal Practice Committee.

The Committee reviews state court rules and procedures and suggests possible changes and revisions to improve the judicial process and outcomes.

Honecker is serving a two-year term on the committee slated to be completed in 2017.

CAP Group at CAI-NJ Expo

Posted on August 20th, 2015

Visit Ansell Grimm & Aaron’s Community Association Practice Group at the 2015 CAI-NJ Annual Conference & Expo, booth # 309 on Saturday, September 26, 2015 at the Garden State Exhibit Center, Somerset.  To learn more about the event visit the CAI-NJ website, The registration form for the event is available here. Registration is free for home owners, unit owners and board members who are CAI members. Pre-registration for non-member home owners, unit owners and board members is $20 and on-site registration is $20, pre-registration is recommended. Attorneys from the CAP Group will be on hand to answer questions regarding the CAP Groups legal counsel and services.   If you wish to schedule a meeting, please contact David Byrne at 609.557.1036.

 

Josh Bauchner speaks to ABC news about the Galloway Case

Posted on August 12th, 2015

Last week the Josh Bauchner, an attorney in Ansell Grimm & Aaron’s Woodland Park office, spoke with Philadelphia’s ABC Action News (Video) regarding Earl Galloway and his suit against Stafford Township and township officials. Bauchner represents Galloway who contends Stafford Township and township officials have tried to intimidate him and violated his First Amendment rights because he spoke out about Mayor John Spodofora’s misrepresentation of his military service.

 

Gaye family wins latest round in “Blurred Lines” battle

Posted on August 4th, 2015

Robin Thicke and Pharrell Williams have been denied a new trial in their battle with the family of late singer-songwriter Marvin Gaye over their 2013 hit “Blurred Lines”. Earlier this year a jury awarded Gaye’s children $7.4 million in compensation and damages for copyright infringement of Gaye’s 1977 hit “Got to Give it Up”.

Thicke and Williams argued that while the songs were written in the same style, they were musically distinct enough that the copyright of the previous song was not violated. In March, a Los Angeles jury disagreed and that decision was appealed. In the most recent decision the $7.4 million award was reduced to $5.3 million and the parties held responsible for the infringement have been expanded from Thicke and Williams to include rapper TI (Clifford Harris Jr.), who collaborated on the song, and the record labels involved in the distribution of the song, UMG Recordings, Interscope and Star Trak Entertainment.

Also as part of the decision, Gaye’s family will receive an ongoing royalty rate of 50% of songwriter and publishing revenues however their request for an injunction was denied.

This latest decision, rendered by United States District Court Judge John A. Kronstadt, is expected to be appealed and perhaps further clarity will be gained as to the difference between musical inspiration and infringement of a copyright.

The most recent decision in the case, Pharrell Williams, et al. v. Bridgeport Music, Inc., et al, can be found here: http://www.scribd.com/doc/271609045/Blurred-Lines-Post-Trial-Order

 

AG&A handles the consultation on and registration of copyrights for further information, contact Pamela A. Mulligan, Esquire .

The information provided on ansellgrimm.com and any of its subpages, including but not limited to the information contained in the blog or News sections (the “Website”), is intended for informational purposes only and should not be considered to be legal advice or advertising for the Firm. Please speak directly with an attorney prior to relying on any information contained herein. (more)

 

Getting Ready for some football

Posted on July 30th, 2015

Jets standout left tackle D'Brickashaw Ferguson takes a moment to greet members of Ansell Grimm & Aaron PC's community association practice group , Hub International, Rezkom Enterprises, Wilkin & Guttenplan, PC and Professional Restoration at a night with the Jets earlier this month.

On July 13, 2015 Ansell Grimm, & Aaron, PC teamed up with HUB International, along with Rezkom Enterprises, Wilkin & Guttenplan, PC and Professional Restoration for a night with the Jets at the Jets Training Facility in Florham Park, New Jersey.

Our attendees were able to do drills on the Jets training field, as it was a gorgeous night, enjoy appetizers, dinner, refreshments and cocktails, and meet, talk to and toss the ball with one of the New York Jets’ premiere players, D’Brickashaw Ferguson. What a great night! Thanks to HUB, our co-sponsors, the New York Jets and especially all of our attendees!

Ansell Representing Plaintiff in Civil Rights Case

Posted on July 13th, 2015

Michael H. Ansell, Esq., an associate with Ansell Grimm & Aaron, P.C., along with Josh Bauchner, a partner at the firm, is representing Earl Galloway in his suit against Stafford Township and township officials for trying to intimidate him and violating his First Amendment rights. On Friday June 10, State Superior Court Judge Arnold Goldman ruled that the matter qualified as a Civil Rights case and therefore does not need to meet the requirements of the New Jersey Tort Claims Act. To read more on the subject, please visit the Asbury Park Press website.

The information provided on ansellgrimm.com and any of its subpages, including but not limited to the information contained in the blog or News sections (the “Website”), is intended for informational purposes only and should not be considered to be legal advice or advertising for the Firm. Please speak directly with an attorney prior to relying on any information contained herein.

 

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New Jersey Court Rescues Associations Plagued with Construction Defects &/or a Contractor’s Faulty Work

Posted on July 9th, 2015

Mark Wiechnik, Esq. and Breanne DeRaps, Esq. of Ansell Grimm & Aaron, P.C. secured a resounding victory for condominium associations and homeowners across New Jersey today.

In a published (and precedential) decision the New Jersey Appellate Division found that construction defects and faulty workmanship that cause damage to other property is a covered event under the General Contractor’s general liability insurance policies. The decision in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC., et al., confirmed that associations plagued by defective roofs, brick, siding and other defects which allow water to intrude and cause damage now have a source of recovery from the General Contractor’s insurance. Prior to this decision, there had been no determination by any appellate court in New Jersey on this issue. In fact, the only reported relevant case until now often killed a community’s or building’s attempt to cure construction defects and/or faulty workmanship, because it found that a General Contractor’s policy could not be triggered by any damage to the building/common elements in question. Mark and Breanne successfully convinced this court to soundly reject that position.

It is common in New Jersey that General Contractors form single-purpose entities that have little or no assets or means to pay a judgment. Thus, absent insurance coverage for the General Contractor, an association is often left without a way to recover the funds necessary to fix construction defects and/or faulty workmanship. The confirmation that insurance coverage exists represents a significant step forward in protecting the rights of associations and homeowners when they are faced with construction defects and faulty workmanship. We are extremely proud of this victory for our clients.

Mark, Breanne and the rest of Ansell’s Community Association Group represent many associations and homeowners suffering from the consequences of defective construction and faulty workmanship.  Feel free to contact us at mmw@ansellgrimm.com or bmd@ansellgrimm.com if you have questions regarding your home or association. We should be able to assist you.

 

The information provided on ansellgrimm.com and any of its subpages, including but not limited to the information contained in the blog or News sections (the “Website”), is intended for informational purposes only and should not be considered to be legal advice or advertising for the Firm. Please speak directly with an attorney prior to relying on any information contained herein.

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New Case Law Effecting Chapter 13 Plans and the Priority of Lenders/Condominium Association Assessments

Posted on July 9th, 2015

The U.S. Bankruptcy Court for the District of New Jersey recently recognized that a condominium association’s lien is entitled to a limited six-month priority over a first mortgage.  The Court held in the matter, In re: Mark and Ronda Rones (Case No. 14-35899-CMG) that a condominium lien is not a statutory lien but rather a “consensual lien” since it arises from the condominium association’s master deed and bylaws.  The Rones Court determined that the act of purchasing the unit and voluntarily accepting and recording the unit deed  subjects the unit and the unit’s owners to the master deed and bylaws and gives rise to the lien.

The Rones Court also held that the New Jersey Condominium Act (the “Act”) provides a condominium association lien security for the six-month priority window.  However, the Act does not secure the lien beyond that. If the amount due on the first mortgage exceeds the value of the unit, the condominium lien becomes wholly unsecured and in a Chapter 13 Plan may be stripped off.  Therefore, where the first mortgage exceeds the value of the unit, a debtor’s Chapter 13 Plan can strip off the condominium lien and deem the portion of the lien subject to the six-month priority as secured and the remainder as unsecured.

Lenders, condominium associations and individual bankruptcy filers alike should all be aware of this new case law.

 – Pamela A. Mulligan

The information provided on ansellgrimm.com and any of its subpages, including but not limited to the information contained in the blog or News sections (the “Website”), is intended for informational purposes only and should not be considered to be legal advice or advertising for the Firm. Please speak directly with an attorney prior to relying on any information contained herein.

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