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Wednesday, May 25, 2011

Y! Alert: NJLJ.com


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Court Orders $500 Million in State Aid To Abbott Districts Top
In a rare act of fiscal appropriation from the bench, the New Jersey Supreme Court orders the state to allocate $500 million in aid to its 31 poorest school districts next year.
 
Bill Would Make Unsafe-Driving Option More Available To Repeat Offenders Top
The state Senate approves a bill that would make the unsafe driving statute more available as a zero-point alternative to speeding and other motor vehicle offenses, even for those with prior convictions.
 
U.S. Suit Can Proceed Against Law Firm Accused of Abusive Collection Practice Top
A putative class action that accuses Pressler & Pressler, the state's largest collections firm, of improperly levying on joint bank accounts, has survived a motion to dismiss.
 
Lawyer Subpoenaed for Evidence in Case of False Alarm at Law Firm Top
A law firm sued over the false arrest of its librarian for allegedly pulling a fire alarm is now is fighting to quash a subpoena served on its own defense lawyer.
 
Censure Sought for No-Show Solo With History of Missed Court Dates Top
A lawyer who failed to show up for a municipal trial and then twice stood up the judge on an order to show cause demanding an explanation, deserves censure, the Disciplinary Review Board concluded in an opinion released Monday.
 
Legal Services Pleads for Increase in State Aid; Court Seeks Filing Fee Hike Top
Legal Services of New Jersey, with the support of the judiciary and the State Bar Association, went cap in hand to the Legislature on Monday, asking for an increase in its proposed appropriation for the upcoming fiscal year.
 
Lawyer in Personal Injury Suit Can Draw His Fee From Medicare Trust Top
A Medicare trust that was created from proceeds of a personal injury suit can be used to pay part of the legal fees from the suit, an Ocean County judge rules in a case of first impression.
 
One-Year Suspension Urged for Ex-Prosecutor Who Forged Records Top
A former high-level assistant prosecutor who admitted filing forged tax documents with county and federal officials should be suspended for a year, ethics authorities say.
 
Suit Can Proceed Against Lawyer Who Closed for Fraudulent Real Estate Firm Top
A Perth Amboy lawyer who did legal work for a now-bankrupt company that engaged in a mortgage Ponzi scheme can't block a suit against him by another lawyer who says he was a victim, a Newark bankruptcy judge says.
 
Kalison McBride Joins McElroy Deutsch, Bulking Up Firm's Health-Care Practice Top
McElroy, Deutsch, Mulvaney & Carpenter is acquiring the 13-lawyer Warren health-care boutique of Kalison, McBride, Jackson & Robertson.
 
Legal Services Not Protected by Charitable Immunity From Malpractice Suits Top
Charitable immunity does not shield Northeast New Jersey Legal Services or its lawyers from malpractice suits because most of its funding comes from government sources, rather than private donations, an Essex County judge holds in a case of first impression.
 
'Scant' Injury to Pru No Ground for Sealing Documents in Class Action Top
Prudential Insurance Co. can't bar disclosure of internal documents submitted in discovery in a putative class action that alleges it misled policyholders, a U.S. judge in Newark rules.
 
Discipline Recommended For Lawyer With Propensity for Holding Back Files Top
Failing to hand over a client's file after the representation ends is not the most serious of ethics infractions, but an Eatontown solo's history of such behavior may up the discipline in his case.
 
Clause Fixing State as Litigation Forum Waives Right of Federal Court Removal Top
When contracting parties agree that any dispute will be heard in the courts "of" a particular state, they waive the right to remove it to federal court, even one within the borders of that state, the Third U.S. Circuit Court of Appeals holds.
 
Christie Nominates Two Hudson Judges, Five for Regional Municipal Courts Top
Gov. Chris Christie on Monday announced nominees for the Hudson County Superior Court bench and for five municipal court seats.
 
Suing Psychologist Who Did Not Report Abuse Requires No Affidavit of Merit Top
An affidavit of merit is not needed in a suit accusing a psychologist of negligence in failing to report suspected sexual abuse of his juvenile client, a U.S. judge in Trenton rules.
 
Pro Se's Estate Litigation Reinstated Because Dismissal Notice Not Given Top
An unrepresented litigant whose complaint lacks evidentiary support is nonetheless entitled to advance notice before his suit is dismissed, a state appeals court rules.
 
Enhanced Disability Due Policeman Who Witnessed Grisly Death at House Fire Top
A rookie Montclair police officer traumatized and hospitalized for smoke inhalation after a failed rescue effort at a fatal fire should be awarded enhanced accidental disability benefits, the state Supreme Court rules.
 
Retired Prosecutors Can't Carry Guns, Appeals Court Says Top
A three-judge panel says a state statute that allows retired law enforcement officers to carry handguns applies only to retired police officers and detectives, not to lawyers formerly employed as county or state prosecutors.
 
Way Is Smoothed for Disability Claims Under New Rules for ADA Amendments Top
Across the country, labor and employment lawyers are scrambling to prepare their clients to comply with new regulations, effective on May 24, that implement major changes to the Americans With Disabilities Act
 
Crime-Based Public Pension Forfeiture Limited by Time of Offense, Court Says Top
A public official who commits an offense triggering the mandatory pension forfeiture statute doesn't lose his entire pension — only that portion of it relevant to his job at the time, a state appeals court rules.
 
Time Limit for Objecting to Lab Reports Held Tolled Until They Are Received Top
Clarifying the notice-and-demand statute that provides a 10-day window to challenge lab reports in drug-crime cases, a state appeals court says that the timetable begins to run only at the point when a defendant receives all documents related to the lab analysis.
 
Mandatory Arbitration Provision in New-Home Warranty Held Leak-proof Top
Trying to recover for construction defects under a new-home warranty can cost you your right to go to court, the Appellate Division rules in a precedential decision.
 
Flouting Mandatory Joinder Rule Draws Mixed Results in Consumer Fraud Case Top
New Jersey's entire controversy doctrine is still alive and kicking, even if it needs an adjustment from time to time. That's what the state Supreme Court gave in a ruling that fashioned a Solomonic remedy for disobedience of the mandatory joinder rule in a Consumer Fraud Act case.
 

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