Legal Atmosphere

While the Federal Employers Liability Act (FELA) often allows injured railway company workers to receive more compensation than they would under comparable state workers compensation laws, there is a downside.  FELA requires an injured worker to prove by a preponderance of evidence that the negligence of his or her employer, including negligence by agents and employees, was at least partially the cause of the injury.  This differs from most state workers compensation laws, which provide benefits without regard for fault or negligence.

While this is a downside to FELA, it is not insurmountable.  An experienced railroad accident lawyer knows how to help deserving victims make their case under FELA.  Additionally, while the standard under FELA is higher than under most workers compensation laws, it is still a more relaxed standard than in most personal injury cases. In such cases, the plaintiff must show that the defendant acted negligently and this negligence caused the injury.

Standard of proof in FELA

Unlike a personal injury case, FELA requires only that the plaintiff show the negligence of the employer was at least partially to blame.  A FELA lawyer usually accomplishes this by offering eyewitness and expert testimony at trial.  Experienced railroad injury law firms have access to respected engineers, industrial experts, and other professionals who can offer thorough and convincing testimony regarding the actions of the employer and how those actions contributed to an accident.

This relaxed standard used in railroad injury claims under FELA is the subject of a recent case before the United States Supreme Court.  The Court heard argument in the case of CSX Transportation v. McBride on March 28, 2011.  Bill Jungbauer, the president and senior partner of Yaeger, Jungbauer & Barczak, PLC, submitted a brief to the Court on behalf of the Academy of Rail Labor Attorneys (ARLA).  In one of those most important FELA decisions in the last century, the United States Supreme Court on June 23, 2011 held that the liberal causation standard used in FELA actions would not be changed to a stricter causation standard advocated by CSX and all major railroads. It is a huge win for all railroad workers.

Probate is the process of carrying out the last wishes of a person who has died.  The probate process under New Jersey law is supervised by the Surrogate’s Court in each New Jersey County.  The estate’s representative collects the estate’s assets, pays the estate’s debts and tax obligations, and distributes the remainder of the estate’s property to the heirs and beneficiaries.

The first step in the probate process is to determine whether the will is valid.  Some wills are presumed to be valid because they were prepared following the very strict guidelines of New Jersey law. Wills that do not satisfy these requirements must be proved in the Surrogate’s Court with the personal testimony of at least one witness to the will.

New Jersey probate law allows an heir or a beneficiary to challenge the validity of a will.  The mere fact that a person is disappointed with a term in a will is not enough, however.  New Jersey probate attorneys know that there must be a serious question about either the way the will was prepared or the mental state of the deceased person at the time the will was signed.

In addition, an heir or beneficiary may go to court during probate to have the executor―or any other personal representative―removed and replaced.  This type of action is based on the personal representative’s wrongful acts or errors that cost the estate money.

The cost of probate litigation

Probate litigation in New Jersey can be very expensive because it is conducted in formal proceedings in Superior Court, just like any other civil case.  But there are other, more serious consequences as well.  If a will is declared invalid, the estate is distributed in accordance with an earlier will, which may change the way property is given to you.  If there was no other will, the estate’s property will be distributed to the next of kin according to a rigid formula in the probate law of New Jersey.  This distribution may leave you out altogether.  In addition, if a personal representative is removed, you may not be happy with the person who is named as the replacement.

Call on experienced New Jersey probate attorneys

Clearly, a lot is at stake in New Jersey probate litigation.  The New Jersey probate attorneys at Parsons & Nardelli have decades of experience in probate practice and litigation.  If a will is under challenge, contact us for a free consultation.  Call (732) 842-6400 or toll free (888) 309-5589 or complete our contact form.  Located in Red Bank, we work with clients throughout Monmouth, Ocean, and Middlesex Counties.

Starting a new business or expanding an existing business is no small feat. There are plenty of legal hurdles you will need to jump through before you can begin your place of operation. There some basic steps that you will need to accomplish to ensure you have all the necessary licenses, permits, and registrations to legally operate you establishment.

Decide on Legal Structure of Business

The purpose of determining the legal structure of your business is to organize your business as a legal entity. Many options exists, all with different legal, financial and tax considerations. The correct legal structure for your business depends on a number of factors which include the amount of ownership you want to have, how vulnerable your business is to lawsuits, and most important, financing needs.

Once you determine the appropriate legal structure for your business, there will be further registration requirements needed. For instance, you may need to file registration forms with your state and/or local government. As a side note, these requirements vary from state to state so be sure to talk to your business law attorneys to find out how the law applies to you.

Register a Business Name

By default, the legal name of of a business is the name of the business or entity that owns a business. This could be your full name if you are the sole owner, the name given in the partnership agreement or last names of the partners, or for limited liability corporations (LLC), the business’ legal name is the one that was registered with the state government.

The legal name chosen for your business is required on all government forms and applications. Such applications include employer tax IDs, licenses and permits. You can, however, file an “assumed name” registration form with your state or local government if you want to operate the business under a different name

Obtain Federal Tax ID

If your business plans on hiring employees, or your business is a partnership or corporation, as a business owner your must obtain an Employer Identification Number (EIN) from the U.S. Internal Revenue Service. It is more appropiately named the Employer Tax ID and Form SS-4.

State Revenue Agency Registration

Not only will you need a Federal Tax ID, you will need to acquire tax IDs and permits from your state’s revenue agency. If your business involves the selling of products, you are required to to collect sales taxes which means you will need to also acquire a Sales Tax Permit or Vendor’s License from your state or local government.

Each state and local government have different registration requirements so it’s important to research which forms you will need to fill out.

Acquire License & Permits

Before a business can legally operate, they are required to acquire some form of a business license or permit. A majority of small business will need to acquire a general business license or if your business operates in a specific industry, there are operating permits that exist for each industry type.

As noted earlier, check your state and local governments to find out more detail regarding which operating licenses and permits your business will need.

For more information on setting up your small business head over to www.business.gov to find all the necessary information needed to begin operation.