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Thursday, March 24, 2011

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Justices Say Arbitration Orders Are Final and Appealable as of That Date Top
Orders compelling or denying arbitration are final for purposes of appeal, even if the litigation continues for other parties, the state Supreme Court ruled Wednesday.
 
Bar Now Has Two Contested Races on Its Hands — for Secretary, Trustee Top
In an unusual situation, two contenders have successfully petitioned for ballot slots against candidates handpicked by the New Jersey State Bar Association's nominating committee.
 
Setonhall: Small Investors Who Lost Savings To Get Help at Seton Hall Law School Top
A new program at Seton Hall University School of Law will provide free legal assistance to investors with modest claims or means in disputes with brokers.
 
Master's Abbott Ruling Sets Stage for Confrontation Between Court, Christie Top
When Judge Peter Doyne ruled Tuesday that the state is once again failing to live up to its educational obligations, he set up a likely clash between the Supreme Court and the governor.
 
Unsigned Confessions Can Be Used To Assist Witnesses During Trial Top
A 60-year-old precedent barring admission of unsigned confessions has been replaced by newer evidence rules, the state Supreme Court ruled Monday in permitting those statements to be used to refresh a witness's memory.
 
Kelley Drye Disqualified Over Access to Ex-Client's Confidential Documents Top
Kelley Drye & Warren was knocked out of defending a longtime client Monday against a lawsuit by a company the firm represented when it was sold in 2008.
 
Suit Claims Giordano, Halleran Botched Land Deal and Then Engaged in Coverup Top
Giordano, Halleran & Ciesla has been hit with a legal malpractice suit that claims a mishandled real estate transaction cost a developer $3 million.
 
Ex-Official for Litigation Company Is Charged With $1 Million Fraud Top
The former part-owner and legal counsel for a litigation funding company has been accused of conspiring with a Union City brokerage firm in a lucrative kickback scheme.
 
Agreement With Banks Aims To Restart Uncontested Foreclosures in State Top
The judiciary's effort to crack down on robo-signing and other improper foreclosure practices appears headed toward a quick resolution under a stipulation with New Jersey's six biggest mortgage-servicing companies.
 
Prosecutors, OAE Can Share Files If Investigations Are Kept Separate Top
Information obtained in an Office of Attorney Ethics probe may be used later in a criminal prosecution under certain guidelines, a state appeals court said Monday.
 
Undocumented Worker Can Continue Lost-Wage Claim for Disabling Injury Top
An illegal immigrant's claim for lost wages in a personal injury suit is not barred by a federal law prohibiting employment of undocumented workers, a federal judge in Trenton has ruled.
 
Court Orders Resentencing Over Consecutive Extended Life Terms Top
A state appeals court on Monday reinforced restrictions on the number of extended terms imposed for separate crimes, ordering a reduction in a sentence in an armed robbery case.
 
Top Court Gives Wide Endorsement to Use of Video Playbacks in Jury Trials Top
In a ruling that promises to revamp jury deliberations in New Jersey, the state Supreme Court says jurors should be allowed to see video playbacks of recorded testimony upon request, subject to safeguards.
 
Parties May Take Judge at Her Word On Pact's Secrecy Top
A litigant's reliance on a judge's assurances of confidentiality in settlement discussions outweigh the public's common law right of access to the record, a federal appeals court rules.
 
Class Action Claims CitiGroup Unit Misled Loan-Modification Applicants Top
A would-be federal class action alleges that a CitiGroup arm reneged on its agreement to do loan modifications in return for receiving $45 billion in bailout money.
 
Disability Retirement Denial Is Called 'Excessive' for Off-Duty Drug Violation Top
A former corrections officer arrested for distributing a pain killer should not be denied a disability retirement because of the off-duty transgression, a state appeals court says.
 
Three Suits Allege Real Estate Brokers Impose Charges That Are Duplicative Top
Three putative class actions filed Wednesday allege that real estate brokers defraud buyers and sellers by charging administrative fees for services covered by commissions.
 
N.J. Justices Grapple With Extending Sidewalk Duty to Condo Associations Top
The New Jersey Supreme Court was asked Tuesday to extend to condominium associations the law on maintaining snow-free walkways.
 
U.S. News Law School Rankings Are Out, With Revamped Tiers Top
The latest law school rankings from U.S. News & World Report are out, and the list is pretty ho hum — at least among the elite schools.
 
Judge Must Defend Malpractice Suit Over Case She Handled Before Bench Top
The state Supreme Court has given a green light to a legal malpractice suit against Superior Court Judge Mary Thurber over her conduct of a probate case before she was appointed to the bench.
 
Bonuses to Board and Managers Held Shielded by Business Judgment Rule Top
The Supreme Court turns back a shareholder challenge to millions of dollars in stock options and restricted stock awards granted to a bank's board and management.
 
Court Mulls Whether Drivers Without Insurance Can Bring Dram Shop Suits Top
The state Supreme Court is considering whether 1997 motor vehicle insurance law amendments, baring drunken drivers injured in accidents from suing for damages, also preclude them from filing claims against establishments that served them liquor.
 
Affirmative Defenses Not Governed by Twombly-Iqbal Standards, Judge Says Top
A federal judge in New Jersey has joined judges in two other Third Circuit districts who have answered "no" to the question of whether the U.S. Supreme Court's heightened pleading standards for complaints also apply to affirmative defenses.
 
Lawyer Draws a Year's Suspension for Letting Collection Agency Use His Name Top
The Supreme Court has suspended a Toms River lawyer for a year for lending his name to a collection agency's pursuit of debtors, a role that disciplinary authorities said clouded the attorney-client relationship.
 
When Door-to-Door Salesman's Contract Omits Cancellation Method, Buyer Wins Top
A state appeals court gives a boost to consumers who want to cancel a contract with a door-to-door salesman, finding they can do so by phone if the contract doesn't spell out the method.
 
Alleged Opposition to Divorce Weighed As Hearsay Evidence in Murder Case Top
The state Supreme Court considers whether a murdered wife's statements that she was planning a divorce, though hearsay, were admissible as "state-of-mind" evidence of her husband's motive to kill her.
 
Judicial Leaders Warn of 'Dire' Budget Concerns Top
The chairman of the Judicial Conference executive committee says a government shutdown could bring litigation to a halt with delayed jury trials, limited pretrial services and deferred payments to court-appointed lawyers.
 
No Vested Right in Condo Unit Owners To Protest Zoning Changes, Court Says Top
Condominium owners do not enjoy the same rights to protest zoning changes that are accorded other property owners under the Municipal Land Use Law, the Appellate Division rules.
 
Court Ponders Limits Of Statute That Prohibits Suits by Uninsured Drivers Top
A New Jersey statute that bars uninsured drivers from suing over injuries from automobile accidents is under scrutiny at the state Supreme Court, which is being asked to overturn lower court decisions that found loopholes in the law.
 
Expert Can't Be Sued Over Testimony in Legal Malpractice Case, Court Says Top
An expert on legal ethics can't be sued for malpractice for serving as a witness in an unsuccessful malpractice action against another lawyer, an appeals court rules.
 
Judge Held To Taint Trial by Doubling as Prosecutor, Denying Public Defender Top
Two men convicted of burglary by a municipal court judge who doubled as prosecutor, refused to appoint a public defender, and deviated from sentencing guidelines have won a new trial.
 
Contenders Warm for Rare Bout Over State Bar Secretary Post Top
For the first time in 18 years, the State Bar Association is witnessing a battle over the position of secretary, the first rung to the presidency.
 
Conservative Legislator's Nomination For Bench Is Withdrawn as Bar Balks Top
Gov. Chris Christie's intended nomination of veteran GOP Assemblyman Michael Patrick Carroll to the Superior Court is dead in the water, at least for now, thanks to the ambivalence of the State Bar Association panel that vets judicial nominees.
 
Court Further Slashes Punitives Award In Age Discrimination Suit vs. Avaya Top
A former Avaya executive who won a $10 million punitive damages award in an age-discrimination suit only to have the trial judge remit it to $3.7 million has lost another $1.25 million on appeal.
 
Asking for Help in Dangerous Situation Confers a Duty of Care, Court Rules Top
One person who asks another for help in a potentially violent situation owes a duty of care to him and can be liable if he is injured or killed, an appeals court rules.
 
No Shelter for Solomon Dwek's Kin From Allegedly Forged Home Loan Top
Admitted bank fraudster Solomon Dwek ensnared many investors, but his aunt and uncle, who claim he surreptitiously obtained a $1.5 million mortgage loan on their summer home, remain liable for the debt, a federal judge says.
 
No Holder-in-Due-Course Immunity for Fannie Mae in Suit Over Stolen Loans Top
A federal judge in Trenton has given a go-ahead to a negligence suit alleging Fannie Mae received $42 million in stolen loans and failed to detect it, rejecting the lending giant's argument that its status as a holder in due course under the UCC protected it from suit.
 
Ban on Handcuffed Witnesses at Trial Is Not Retroactive, High Court Rules Top
The Supreme Court rules, in reinstating a murder conviction, that its 2003 ban on the use of physical restraints on witnesses at trial applies only prospectively.
 
Youth Baseball Players' Parents Claim False Marketing of High-Speed Bats Top
A putative class action claims the marketing of high-tech baseball bats as suitable for children, with the approval of Little League and the Babe Ruth League, violated New Jersey's Consumer Fraud Act.
 
Insurers Are Not Liable in Suits Over Tissue, Bone Pilfered From Cadavers Top
A funeral home, cemetery and crematorium sued by relatives of people whose corpses were pilfered for bone and tissue cannot rely on their insurers for help, the Appellate Division holds in two cases.
 
Bill Aimed at Notarios Would Augment Crime of Unauthorized Law Practice Top
The Senate Judiciary Committee on Thursday recommended passage of a bill that would upgrade unauthorized practice of law from a fourth-degree crime to a third-degree crime.
 
Parenting Coordinator's Right To Bill for Grievance Response Is Tested on Appeal Top
A child-custody litigant is asking New Jersey's Supreme Court to set aside an order that he pay $51,000 to a parenting coordinator — most of it for time she spent responding to his grievances about her performance.
 
Senate Panel Approves New Judge for Somerset, Tenure for Two Others Top
The Senate Judiciary Committee recommends a Superior Court judgeship for Somerset County Counsel Thomas Miller and tenure for two sitting judges, Philip Mizzone Jr. and Edward Neafsey.
 

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