This opinion-editorial by James A. Kozachek originally appeared in the Gloucester County Times 

With the new state budget now in place, Democrats contend the state has lost a golden opportunity to help support suburban school districts with a so-called millionaire’s tax — in which New Jerseyans would be taxed 10.75 percent for every dollar earned over $1 million.

The Republicans consistently rejected this idea, appalled by the notion of increasing taxes in the worst economy in 70 years. Acting on a promise, Gov. Chris Christie vetoed the bill to enact the millionaire’s tax.

Christie says additional taxation will only serve to drive away businesses and people who are the most adept at making money. I agree; our economic situation remains unstable and insecure.

In my line of work, as an attorney representing clients involved in residential, commercial and industrial construction projects, I witness every day the hard questions that business owners face. Money is still tight; entrepreneurs and other so-called millionaires are still nervous to invest in New Jersey.

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This opinion-editorial by Jeffrey K. Newman originally appeared in the Times of Trenton

It is a source of pride for our state that New Jersey has some of the nation’s strongest consumer protection laws, from the Consumer Fraud Act to the Home Repair Financing Act. But many don’t realize that these laws — which the courts are required to interpret in favor of the consumer — are having the opposite effect of what was originally intended. These laws have ruined the businesses of many innocent people, while causing others to lose a small fortune in defending themselves from frivolous claims.

The problem is that the courts have no leeway in interpreting the law. Although it may seem ludicrous to drive a business owner from his livelihood if he was deemed to have complied with “only” 99.9 percent of an applicable consumer statute or regulation, the courts have no choice — they must follow the letter of the law.

To be clear, I believe the protection laws should be in place. Laws like the Door-to-Door Home Repair Sales Act and the Truth-in-Consumer Contract, Warranty and Notice Act have ensured that consumers, especially the elderly and people with disabilities, have some protection against unscrupulous people.

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This opinion-editorial by Robert Kasuba originally appeared in the Burlington County Times.

Several prominent state legislators and real estate developers had frank discussions about the current state of residential development at the Atlantic Builders Convention on April 8, hitting on such important issues as home rule, property taxes, affordable housing and the state plan.

While the topics varied, one theme was consistent: A revitalized construction industry is key to the economic recovery.

Everyone knows New Jersey has been hit hard by the recession, and recent employment statistics are grim. The state's jobless rate has doubled over the past few years; there are more than 400,000 unemployed residents here. Well-paying jobs are not returning, while our neighbors in New York and Pennsylvania are finding ways to create more jobs.

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By: James A. Kozachek, Esq.

Mold, a simple microscopic organism, is found everywhere.

It grows wherever there is sufficient warmth, food, and humidity – such as in homes throughout New Jersey.

Heat and humidity is present in bathrooms almost every time someone takes a shower or a bath, as well as in attics, crawl spaces and in air ducts where moisture and humidity build up. Mold feeds on paper, food, dust, fabric, cardboard, glue, wallpaper, wood, paint and carpet. Most building materials are a readily available source of nutrition for mold.

Mold can be found in the cleanest rooms in hospitals, research facilities, pharmaceutical manufacturing facilities and computer chip production facilities. With mold even on the clothing we wear and the sheets we sleep in, how is it possible for a plaintiff in New Jersey to file a lawsuit – and win – based on a mold-based injury?

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This opinion-editorial by James Kozachek originally appeared in the Home News Tribune.

New Jersey's Consumer Fraud Act does not always achieve its intended purpose. It does not always promote truth in the marketplace, it does not always compensate a wronged consumer for his loss, it does not always punish the wrongdoer and it does not always attract attorneys to accept CFA cases.

From the way the law is written, judges and arbitrators often are constrained to apply the law in a way that fails to accomplish the CFA's explicit objectives.

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This opinion-editorial by James Kozachek originally appeared in the Burlington County Times

New Jersey's Consumer Fraud Act does not always achieve its intended purpose. It does not always promote truth in the marketplace. It does not always compensate a wronged consumer for his loss. It does not always punish the wrongdoer, and it does not always attract attorneys to accept CFA cases.

From the way the law is written, judges and arbitrators are often constrained to apply it in a manner that accomplishes the CFA's explicit objectives.

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