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Friday, May 13, 2011

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High Court Vindicates Judge Who Used 'Feel of the Case' To Slash Jury Award Top
The state Supreme Court upholds a Morris County judge who slashed a $1 million jury award to $200,000 based on his "feel of the case," his experience as a judge and litigator and a comparison with other verdicts.
 
Roche Can't Assert Attorney Privilege For Sister Entity Top
Hoffmann-La Roche of New Jersey lacks standing in in a patent dispute to assert attorney-client privilege to withhold documents produced and controlled by a sister corporation, a federal judge in Newark says.
 
Lax Supervision That Led to Case's Demise Warrants Suspension Top
A lawyer whose staff lost track of a personal injury suit for seven years, and who ignored the client's inquiries, deserves a three-month suspension, say ethics officials.
 
No Workers' Compensation Immunity For Employer's Partner, Court Says Top
In a ruling that's bad news for commercial lessors who are in partnership with employers on the premises, a state appeals court says the workers' compensation bar won't shield them from suits by injured employees.
 
Jury Awards $950,000 to Parent Who Blamed Law Firm for Girl's Abduction Top
A matrimonial lawyer and her Hackensack firm are hit with a $950,000 malpractice verdict for their role in enabling an international child abduction.
 
Town Prosecutor Fired After Reporting Drunk Judge Wins $1.3 Million Verdict Top
A Warren municipal prosecutor who was replaced after reporting the town's judge for holding court while intoxicated was awarded $1.3 million, most of it punitive damages, in her whistleblower suit.
 
Fee-Shift Clause Found To Be Triggered Where Suit Spurred Corrective Action Top
Putting some gloss on the definition of "prevailing party," a state appeals court holds that fees may be awarded under a fee-shifting agreement if litigation that settled before trial produces a positive result.
 
Silence in Divorce on Home Valuation Means Value on Date of Sale Applies Top
A state Supreme Court decision offers a stark lesson on the perils of bad drafting in divorce property settlement agreements, especially with regard to sale of the marital home and division of the proceeds.
 
State Bar Again Takes Aim at Abridging Legal Malpractice Limitations Period Top
A State Bar-backed bill in the Legislature would reduce the statute of limitations in malpractice actions against licensed professionals, including attorneys, and eliminate fee shifting.
 
Dalton, Endorsed Candidate, Defeats Alvarez in State Bar Secretary Race Top
A historic contested election for two State Bar Association leadership positions ended Tuesday with candidates endorsed by the Bar's nominating committee handily defeating their challengers.
 
Defendant Held Not Prejudiced by Having First Met His Lawyer on the Date of Trial Top
A divided Appellate Division rejects the notion that a criminal conviction should be set aside because the defendant first met his public defender on his trial date.
 
Inmate Early Release Statute Repealed Top
New Jersey's experiment with early release of prison inmates ended on Monday when Gov. Chris Christie signed a repealer bill that had won final legislative approval the same day.
 
Decal Law Doesn't Put Young Drivers In Danger, N.J. Attorney General Says Top
The state attorney general has found no evidence that Kyleigh's Law, requiring red decals on the license plates of underage drivers, singles them out for attacks by predators or other criminals.
 
Judge Dismisses JPMorgan Suit Over Rescission of Mortgage Loan Insurance Top
In a blow to mortgage lenders, a U.S. judge in Newark throws out a suit by JPMorgan Chase Bank that challenged a mortgage insurer's right to unilaterally rescind coverage for almost 2,000 mortgage loans for alleged submission of misleading information.
 
Court Wrestles With Proofs Needed For B2B Consumer Fraud Act Claims Top
New Jersey's high court is considering whether the state's Consumer Fraud Act, with its potent treble-damages remedy, is available to a large-scale purchaser that claims to have been bilked by a supplier in a bait-and-switch scheme.
 
Asbestos Multiple-Exposure Theory Is Sought To Be Applied in Lead-Paint Suit Top
In a case of first impression now on appeal, a plaintiff's lawyer is trying to apply an asbestos-litigation strategy to a lead-poisoning suit.
 
No Timetable Seen for Federal Probe of Newark Police Top
The Newark Police Department will spend the foreseeable future under the microscope of Department of Justice officials investigating a possible pattern or practice of misconduct.
 
Annual Pro Bono Survey: Pro Bono Hours Hit Record at Top 20 Firms in New Jersey Top
As New Jersey's top firms rebounded financially in 2010, they put the spurs to pro bono work, passing the 100,000-hour mark for the first time.
 
Court To Decide if Rova Farms 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.
 
Governor, Senate President Reach Accord on Filling Supreme 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.
 
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.
 
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.
 
Bill To Treat Breath Test Refusals as Prior DWIs Suffers Senate Setback Top
The state Senate has temporarily delayed a vote on a bill that would overturn the state Supreme Court's ruling that convictions of refusing to submit to breath tests do not count as prior DWI offenses for sentencing purposes.
 
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."
 
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.
 
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.
 
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.
 
Court Explores Disciplinary Processes' Effect on Worker's Whistleblower Suit Top
A case argued at the state Supreme Court tests whether an avowed whistleblower who, after being fired, exhausts his administrative remedies is collaterally estopped from pursuing his claim.
 
Reinstatement Sought for Lawyer With History of Substance Abuse and Theft Top
An attorney with a criminal record of credit-card and identity theft and burglary, apparently related to an addiction to alcohol and prescription drugs, may soon have a clean bill of health to resume the practice of law.
 
Minor, Once Prosecutor and Judge and Now Felon, Has His Law License Lifted Top
Former judge and prosecutor Clifford Minor, who pleaded guilty to bribery facilitation and other federal charges related to arranging a phony confession in a criminal case, has been temporarily suspended from practice pending a resolution of ethics proceedings.
 
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.
 

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