July 16, 2024 | New Jersey Law Journal
Navigating Local Hurdles: Challenges Facing Cannabis Applicants in New Jersey"Navigating New Jersey's evolving cannabis regulations poses substantial challenges for businesses, primarily due to municipalities' broad authority under CREAMMA," write Mandelbaum Barrett's Joshua S. Bauchner and Natalie C. Diaz.
By Joshua S. Bauchner and Natalie C. Diaz
8 minute read
July 09, 2024 | New York Law Journal
Fifth Circuit Weighs In, Finds Section 523(a) Applies to Corporate Debtor in Subchapter VThe Fifth Circuit, in 'In re GFS Industries', recently issued a decision siding with the controversial 'Cleary Packaging' decision. All of a sudden, the subchapter V debtor's efforts to use a streamlined procedure could be undermined by Section 523(a) litigation even outside the Fourth Circuit.
By Jeffrey M. Rosenthal, Vincent J. Roldan and Joshua S. Bauchner
7 minute read
February 23, 2024 | New York Law Journal
New NY Statute Restricts Access to Employee Social Media; Imposes Notice RequirementsGovernor Hochul signed a bill into law with significant implications for employers impacting both the employee hiring process, and employees generally speaking. Specifically, it prohibits employers from requiring the disclosure of private, personal social media account information.
By Joshua S. Bauchner and Jed M. Weiss
6 minute read
January 24, 2024 | New Jersey Law Journal
NJ Supreme Court Lowers the Reliability of 'DRE' Protocol, Harming MinoritiesIn November 2023, New Jersey's Supreme Court declared the testimony of drug recognition experts (DRE) reliable enough to be used as evidence in 'State v. Olenowski,' 253 N.J. 133, (2023). Unfortunately, in doing do, the court lowered the standard for reliability to allow DRE evidence.
By Joshua S. Bauchner
4 minute read
November 08, 2019 | New York Law Journal
How a Case Reversed a 100+ Year Precedent and Cleared the Way for Cost-Effective Shore ProtectionsThe impact of the 'Karan' decision has and will continue to ripple through New Jersey courts for years to come.
By Lawrence H. Shapiro and Joshua S. Bauchner
8 minute read
October 03, 2016 | New Jersey Law Journal
The N.J. Construction Lien Law: A Powerful, Equitable ToolThis article details the correct interpretation of the enforcement mechanisms under the CLL, as articulated by the Supreme Court of New Jersey, to ensure payment for services rendered.
By Joshua S. Bauchner
11 minute read
September 12, 2014 | New York Law Journal
Let Them Plead in the AlternativeJoshua S. Bauchner writes: The right to plead claims in the alternative is well established in New York state practice and jurisprudence. Yet, courts often seek to "streamline" cases at the very nascent stages of a litigation by dismissing so-called "duplicative" claims seeking alternative forms of relief.
By Joshua S. Bauchner
9 minute read
June 27, 2013 | New Jersey Law Journal
Fending Off the Appointment of a ReceiverWhen a tenant files for bankruptcy, the landlord is left having to service its mortgage without cash flow from that tenant. In this situation, it is unjust and ineffective to appoint a receiver to collect rents or manage the property.
By Joshua S. Bauchner
7 minute read
September 27, 2013 | New York Law Journal
The False Hope of Lost Profits DamagesJoshua S. Bauchner of Ansell Grimm & Aaron guides the practitioner through the pitfalls of lost profits damages to ensure the focus is on recovery, regardless of how the damages are characterized.
By Joshua S. Bauchner
8 minute read
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