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Thursday, May 5, 2011

Y! Alert: NJLJ.com


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Case Tests if League of Municipalities Is a Public Entity for OPRA Purposes Top
Public housing advocates argue the State League of Municipalities, the principal lobbyist for municipal interests in the state, is political subdivision or a public entity, and its records should be open to the public.
 
Commercial and General DWI Charges Are Distinct, May Be Pursued Together Top
A state appeals court's decision may cause police to cast a wider net when charging commercial drivers with drunken driving.
 
Court To Decide if Rova Farm Claims Are Amenable to Trial by Jury Top
Lawyers ask the state Supreme Court to decide whether juries, rather than judges, should decide if insurance carriers have acted in bad faith under the Rova Farms doctrine.
 
Bill Would Let Central Municipal Courts Hear County's Consumer Fraud Cases Top
A bill that would allow a county to bring consumer-fraud cases in its central municipal court — and keep any fines collected — seems on a fast track to enactment.
 
Former Town Judge Admits Serving as Mayor's Lawyer, Denies Ethics Breach Top
Responding to ethics charges that he represented Montville's mayor while serving as the town's judge, Seth Davenport admits to providing "some limited services" but denies knowingly violating court rules or judicial canons.
 
Finding No Prejudice, U.S. Judge Trims Fee Sanctions for Withheld Discovery Top
A federal judge in Newark slashes to $10,000 a discovery sanction of $246,211 imposed by a magistrate judge in a commercial contract case, calling it "extremely unreasonable."
 
Federal Court Class Action Says Verizon 'Crams' Third-Party Charges Into Bills Top
Verizon Wireless is charged in a putative class-action suit in federal court in New Jersey with "cramming," the practice of allowing unauthorized charges from third-party companies to be added to its customers' phone bills without verification of their authenticity.
 
Governor and Senate President Reach Accord on Filling High Court Vacancies Top
The governor's nominee, Anne Patterson, will get a confirmation hearing within a month, but not for the seat vacated last year by Democrat Justice John Wallace Jr., as originally intended.
 
Evidence Tampering Conviction Triggers Mandatory Forfeiture of Public Office Top
A conviction for tampering with physical evidence meets the definition of dishonesty in the statute that requires forfeiture of public office or employment, a state appeals court rules.
 
Evidence of Unsafe Conditions Means Statute of Repose Applies, Court Says Top
When it comes to invoking the protection of the statute of repose to construction-defect suits, the shoddier the work, the better the builder's chances of coming out liability free.
 
Wielding Evidentiary Bludgeon, Court Enjoins Police Destruction of Notes Top
The state Supreme Court puts law enforcement on notice to stop destroying contemporaneous notes taken during an investigation, lest criminal juries be told they may draw negative conclusions from such an action.
 
Archer & Greiner, Merging With Firm in North, Breaks 200-Lawyer Mark Top
Making good on plans to expand its practice statewide, Archer & Greiner on Thursday announced a merger that will crest its ranks over the 200-lawyer mark and could boost its revenues by $14 million.
 
Requester Overcharged for Copies Is Entitled to Lawyers' Fees Under OPRA Top
The plaintiff who prompted a seminal ruling that reduced the cost of government records to a nickel per page is a prevailing party entitled to legal fees under the Open Public Records Act, a state appeals court says.
 
Law Firm Can Be Sued for Malpractice for Bungling Client's Proxy Statement Top
A law firm can be sued for preparing a misleading proxy statement for a corporate client that had to pay more than $30 million to minority shareholders as a result, a federal appeals court rules.
 
Towns To Be Given Greater Authority To Restrict Sex Offenders' Residences Top
Municipalities would be permitted to enact ordinances restricting where registered sex offenders can live, under a bill approved by the Senate.
 
Senate Approves Judgeship Candidates From Atlantic, Gloucester Counties Top
The state Senate unanimously approves the nominations of two prospective Superior Court judges, Jeffrey Light of Ventnor and Kevin Smith of Wenonah.
 
Police Dispatcher's Misidentification Is Held Ground for Suppressing Evidence Top
Police departments across New Jersey got a stern warning Tuesday that evidence seized as the result of bad information relayed by dispatchers will likely be suppressed in criminal trials.
 
Wild Real Estate Market Warrants New Look at Broker's Alimony Deal Top
A couple whose divorce also meant the end of their real estate business must return to court for an examination of how swings in the housing market caused fluctuations in their individual incomes, an appeals court says.
 
Legal Malpractice Claim Revived Where Viable Pension-Claim Appeal Was Blown Top
A police officer sexually harassed and physically assaulted to the point of suffering post-traumatic distress made out a viable claim for an accidental disability pension ? and a viable malpractice claim against her lawyers for botching it, an appeals court says.
 
Widow's Suit Claims Estate Lawyer Mishandled Millions in Assets Top
A Cherry Hill lawyer hired by an elderly widow to administer her husband's estate got her to place millions of dollars worth of in assets in a trust with his firm as trustee, even though a professional corporation cannot serve in that role, a Camden County suit charges.
 
Attorney Sued Over Credit Card Debt Not His Own Wins Round in Court Top
A state appeals court on Monday ordered a new hearing for a North Brunswick solo fighting a collections lawsuit filed by a credit card company for charges on a card he says he doesn't own.
 
Law School Admission Council To Make Its Website Accessible to Blind Users Top
After two years of legal wrangling, the Law School Admission Council and the National Federation of the Blind have reached a settlement — with the help of the U.S. Justice Department — over the accessibility of the website nearly every U.S. law school uses to accept student applications.
 
Cease-and-Desist Letter Alone No Basis For Declaratory Judgment Jurisdiction Top
A New Jersey patent owner's cease-and-desist letter to an alleged infringer isn't enough to subject it to a lawsuit in Tennessee, the alleged infringer's state, the Federal U.S. Circuit Court of Appeals rules.
 

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