Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

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Tuesday, August 15, 2017

NANCY G. SLUTSKY VS. KENNETH J. SLUTSKY A-5829-13T1


NANCY G. SLUTSKY VS. KENNETH J. SLUTSKY
          A-5829-13T1/A-2813-14T1(CONSOLIDATED)
Among the issues discussed in these appeals from a final judgment of divorce, are two of note. First, the court reversed the trial judge's conclusion fixing the value of defendant's interest in his law firm as including goodwill, because the trial judge's limited findings were unsupported and failed to properly analyze the methodology set forth in Dugan v. Dugan, 92 N.J. 423 (1983), and Stern v. Stern, 66 N.J. 340 (1975). The court highlighted the starting point of the analysis must be review of a shareholder's agreement fixing the interest of an equity partner to discern whether it properly captured goodwill. Second, the court reversed a fee award to the payee because it failed to account for the ordered financial obligations imposed upon the payor by the final judgment, and because following fee arbitration, the stipulated fees now due to counsel were less than the sum the payee was ordered to contribute. 

Jaime Taormina Bisbing v. Glenn R. Bisbing, III (A-2-16


Jaime Taormina Bisbing v. Glenn R. Bisbing, III
          (A-2-16; 077533)
          The Court recognizes a “special justification” to
          abandon the standard it established in Baures v.
          Lewis, 167 N.J. 91 (2001) for determining the outcome
          of contested relocation determinations pursuant to
          N.J.S.A. 9:2-2.  In place of the Baures standard,
          courts should conduct a best interests analysis to
          determine “cause” under N.J.S.A. 9:2-2 in all
          contested relocation disputes in which the parents
          share legal custody.

Robert A. Verry v. Franklin Fire District No. 1 (Somerset) (A-77-15


Robert A. Verry v. Franklin Fire District No. 1
          (Somerset) (A-77-15; 077495)
          The fire district, to which the OPRA request was made,
          is obliged to release such documents in its possession
          or to obtain them from a member volunteer fire company
          under its supervision and release them.  OPRA demands
          such transparency and accountability of public agencies,
          and the fire district is undoubtedly a public agency
          subject to OPRA.  The Court therefore affirms the
          judgment in that respect.  However, to the extent the
          holding under review also concluded that the member
          volunteer fire company is a “public agency” subject
          directly and independently to OPRA requirements, the
          Court disagrees and modifies the judgment.

In the Matter of the New Jersey State Fireman’s Association Obligation to Provide Relief Applications Under the Open Public Records Act (A-68-15


In the Matter of the New Jersey State Fireman’s
          Association Obligation to Provide Relief Applications
          Under the Open Public Records Act (A-68-15; 077097)
          OPRA does not, in all instances, prohibit a public
          entity from instituting proceedings under the
          Declaratory Judgment Act to determine whether records
          are subject to disclosure.  After carefully balancing
          the public’s interest in accessing information against
          the private interest in confidentiality, the Court
          finds that the relief checks to Doe are exempt from
          disclosure under OPRA and the common law right of
          access.

Sunday, August 6, 2017

NORTH JERSEY MEDIA GROUP INC., D/B/A THE RECORD VS. STATE OF NEW JERSEY OFFICE OF THE GOVERNOR, ET AL. A-3947-14T3/A

 NORTH JERSEY MEDIA GROUP INC., D/B/A THE RECORD VS. 
STATE OF NEW JERSEY OFFICE OF THE GOVERNOR, ET AL. 
A-3947-14T3/A-3948-14T3(CONSOLIDATED) 

In this OPRA action, plaintiff appealed the trial court's denial of an order in aid of litigant's rights and the denial of the imposition of a civil penalty, finding N.J.S.A. 47:1A-11 authorizes only the Government Records Council to impose a penalty. The court reversed, holding that N.J.S.A. 47:1A-11 authorizes the Superior Court, and not just the Government Records Council, to impose a civil penalty where it is determined there is a knowing and willful violation of OPRA and access to government records has been unreasonably denied under the circumstance. The court also reversed the denial of plaintiff's request for relief under Rule 1:10-3 because the affidavit describing the search for records in response to the second set of requests violated the case management order, was not based on personal knowledge and could not properly support the court's determination that defendant's search was reasonable. 

In the Matter of the New Jersey State Fireman’s Association Obligation to Provide Relief Applications Under the Open Public Records Act (A-68-15

 In the Matter of the New Jersey State Fireman’s 
Association Obligation to Provide Relief Applications 
Under the Open Public Records Act (A-68-15; 077097) 

OPRA does not, in all instances, prohibit a public entity from instituting proceedings under the Declaratory Judgment Act to determine whether records are subject to disclosure. After carefully balancing the public’s interest in accessing information against the private interest in confidentiality, the Court finds that the relief checks to Doe are exempt from disclosure under OPRA and the common law right of access. 

In the Matter of County of Atlantic; In the Matter of Township of Bridgewater (A-98/99/100-15

 In the Matter of County of Atlantic; In the Matter of 
Township of Bridgewater (A-98/99/100-15) 

In these cases, the governing contract language of the respective agreements required that the salary step increases remain in place after expiration and until the parties reach agreement on a new CNA. Atlantic County and Bridgewater Township committed an unfair labor practice when they altered those terms.