Insights Archives — Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events

New Jersey Appellate Division Opens the Door for Employees to Sue Employers for Adverse Actions Taken in Response to Testing Positive for Marijuana

Published on: June 2, 2026 | by Joshua L. Weiner, Lisa Gingeleskie, Ashlin Miller and Lindabury, McCormick, Estabrook & Cooper, P.C.

On May 26, 2026, the New Jersey Appellate Division held that the state’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) provides New Jersey employees with a private right of action to enforce its anti-discrimination provisions. As a result, New Jersey employees may now seek redress from the courts arising from adverse employment decisions based on them testing positive for cannabis products.

Background

In Sanders v. Levari Group, LLC, a New Jersey employer refused to hire a job applicant after a pre-employment drug test indicated the applicant’s use of cannabis items within the past month. There, the applicant accepted a conditional offer of employment and underwent an initial drug test. After testing positive for cannabis, the employer requested that the applicant submit to a repeat test at her own expense. When the applicant refused, the employer rescinded its offer of employment. Arguing that she did not use cannabis during the interview or drug testing process, the applicant filed a complaint in the New Jersey Superior Court. The trial court granted the employer’s motion to dismiss, finding no private right of action existed under CREAMMA and that the Cannabis Regulatory Commission was the proper enforcement body in the matter.

Does “Permanent” Alimony Ever End in New Jersey?

Published on: June 1, 2026 | by James McGlew, II

One of the most persistent misconceptions about divorce in New Jersey is the belief that “permanent alimony” means that alimony lasts forever. People hear the phrase and assume that once support is ordered, it can never be modified or terminated regardless of changes in circumstances. That is not how New Jersey law works today.

Following significant statutory reforms in 2014, New Jersey’s approach to long-term alimony has evolved. What was once commonly referred to as “permanent alimony” is now known as open durational alimony. While this type of support does not have a fixed end date at the time it is awarded, it is not automatically lifelong and may be modified or terminated when circumstances exist.

The Term “Permanent Alimony” Causes Confusion

Is an Experienced Litigator a Good Choice as a Mediator?

Published on: May 19, 2026 | by Frederick A. D'Arcangelo

The simple answer to this questions is yes. Why? The answer lies in the fact that pursuing mediation in an effort to divorce amicably, or in a more cost-effective manner, having the help of someone with experience is key. An experienced divorce and custody mediator must not only have the skills and attributes that can guide the parties toward an agreeable arrangement, but a mediator who also has litigation experience can also share the “long view” with the mediating parties and warn them of the consequences of abandoning mediation and turning to litigation to resolve their issues.

I have mediated several cases in which one or both parties threatened to walk away from the table and end the mediation. I recall that in those particular cases, the threat to abandon mediation stemmed from frustration, resentment toward the other party, or simply a reluctance to compromise in order to reach a global agreement.

In those cases, I was able to explain and prepare each party as to what would happen next if they pursued litigation, including the amount of unnecessary legal fees they would incur, and the difficulty of having important life issues decided by a judge who knows very little of their personal goals and desires. Those are two key reasons in addition to their lives being put on hold for at least a year while their case winds its way through the divorce process in court, continued time away from work or their home. and living in a constant state of stress. Any experienced litigator has seen countless clients, who chose litigation over mediation, live with these consequences.

Trump Accounts: Many-Legged Beasts

Published on: May 18, 2026 | by Meghan Lawlor

When Congress passed, and President Trump signed, the budget reconciliation bill H.R. 1 (commonly referred to as the “One Big Beautiful Bill Act”), they established a new investment vehicle: Trump Accounts. Though frequently thought about only in connection with their most widely-publicized component – a $1,000 pilot contribution by the federal government – Trump Accounts are many-legged beasts. To take advantage of the “free money” pilot contribution from the government and the jump start it can provide to a child’s savings, it is crucial to become familiar with Trump Accounts’ many legs and pitfalls.

First Leg: Establishing the Account

Section 530A of the Internal Revenue Code (the “Code”) allows an authorized individual – a parent, legal guardian, adult sibling, or grandparent – to file IRS Form 4547. The Form serves as an election to establish a Trump Account for a qualified individual. In order to qualify, the individual must not have attained age 18 by the end of the calendar year in which the election is made and must have a Social Security number issued before the date of the election.

Reviewing and Maintaining Estate Planning Documents: An Update

Published on: May 18, 2026 | by Anne Marie Robbins

Clients often wonder how frequently their estate planning documents should be reviewed. Is there a set period of time we recommend to review and perhaps update wills and other estate planning documents? As we have advised in the past, the answer depends more upon needs and life stages rather than the passage of time.

The first consideration should be whether there is a need to change a document. For example, after a move to a new state, the estate planning documents should be reviewed by an attorney licensed to practice in that state. Further, if the executor named in a will has died, moved out of state, or is no longer the appropriate person to serve, the will should be updated to substitute another executor for the one who will no longer serve. Similarly, if a guardian for a minor child is no longer appropriate because he or she has relocated to another state, or because the guardian’s personal circumstances have changed, it may be necessary to revise the will to name a new guardian. A change in the tax laws may also suggest a need for revision of a will or trust, as would a significant change in financial circumstances.

New life stages may also provide reasons to update estate planning documents. For example, when children are minors, it is often appropriate to establish a trust to hold a child’s inheritance until a child reaches a specific age in order to safeguard the funds and minimize potential waste. As a child grows up, the need for a trust may be eliminated, or the terms of a trust might warrant a change to give a child different benefits or more control. Similarly, when a child becomes an adult, it may be appropriate to name the child to a position of responsibility, as perhaps appointing the child as an executor.

Is Alimony Still Tax Deductible in New Jersey?

Published on: May 18, 2026 | by James McGlew, II

One of the most common questions people ask during divorce is whether alimony payments are still tax deductible. Many individuals remember that alimony was once treated in a specific way for federal tax purposes, and they assume that those rules still apply.

In many cases, that assumption is no longer correct.

The tax treatment of alimony changed significantly in recent years. For may people going through divorce today, alimony is no longer deductible to the payor and is no longer considered taxable income to the recipient. However, the answer is not the same in every case. It depends largely on when the alimony obligation was established.

Guardian Ad Litem in New Jersey Custody and Divorce Cases: What It Is, When It Happens, and How It Can Shape the Outcome

Published on: May 13, 2026 | by Nicole A. Kobis

A Guardian Ad Litem, often called a “GAL”, plays a commonly misunderstood role in a New Jersey custody dispute. Parents first encounter the term in the middle of a stressful moment, usually after a contested motion, during a case management conference, or when a judge signals the court needs clearer information from someone doing work outside the courtroom. While a GAL does not decide custody they can significantly influence how a judge understands the child’s needs and the practical realities of each parent’s home.

In New Jersey Family Part matters, the GAL is typically appointed under New Jersey Court Rule 5:8B, which allows the court to appoint a Guardian Ad Litem in cases where custody or parenting time is at issue, and the circumstances warrant the appointment. The GAL’s function is to assist the court in evaluating the child’s best interests by investigating relevant facts and presenting findings and recommendations in a structured way. The court may use the GAL process when the case has become too complex to resolve based solely on certifications and argument, or when the court believes neutral, child-focused fact-gathering will lead to a safer and more durable parenting plan.

For many parents, the most important practical question is whether the appointment will help create stability and lead to a result which serves the best interest of their child. A GAL is often appointed when the court sees recurring conflict about parenting time, significant disagreement about the child’s needs, or concerns that the current arrangement is not working in real life even if it looks acceptable on paper. In some matters, the court may be trying to avoid repeated “crisis motions” by creating a clearer record and guiding the parties toward a structured outcome.

Why There Are No Alimony Guidelines in New Jersey

Published on: May 4, 2026 | by James McGlew, II

One of the most common misconceptions about divorce in New Jersey is the belief that alimony can be calculated using a fixed formula. It is assumed Courts use a chart, calculator, or statewide guideline, similar to child support, that tells exactly what amount should be paid and for how long. That is not how alimony in New Jersey works.

Unlike child support, New Jersey does not use formal alimony guidelines. There is no mandatory formula that automatically determines the proper amount or duration of spousal support. Instead, courts evaluate a series of statutory factors and apply them to the specific facts of each case.

For many people going through divorce this can be frustrating as a formula feels predictable and creates the impression of a simple answer. But New Jersey’s approach reflects the reality that marriages, incomes, and family structures vary too much for one-size-fits-all calculations to produce fair results.

How Buyers Can Structure Safer Health Care Transactions

Published on: April 27, 2026 | by Stephen A. Timoni

In Health Care, Structure Drives Outcome

In health care transactions, purchase price is only part of the story. Deal structure is where acquisitions succeed or fail.

Health care acquisitions are not like other business transactions. Buyers are not simply acquiring furniture, equipment, and accounts receivable. They are acquiring a business built on reimbursement systems, regulatory compliance, payer relationships, provider productivity, and clinical operations. If the transaction is not structured carefully, the buyer can inherit problems they never intended to assume.

Does New Jersey Require a 50/50 Split of Marital Assets?

Published on: April 20, 2026 | by James McGlew, II

One of the most persistent myths about divorce is the belief that marital assets must be divided equally. Many people enter the divorce process assuming that everything including the marital home, business interests, retirement accounts, will automatically be split down the middle.

In New Jersey, that assumption is incorrect. While some cases result in an equal division, New Jersey law does not require a 50/50 split of marital assets. Instead, courts apply the principle of equitable distribution.

Understanding the difference between “equal” and “equitable” is essential to setting realistic expectations when divorcing in New Jersey.