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Thursday, June 23, 2011

Y! Alert: NJLJ.com


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U.S. Appeals Panel Weighs Doctors' Standing To Challenge Obamacare Top
Lawyers for doctors challenging President Obama's health care plan got a thorough examination by the Third U.S. Circuit Court of Appeals Wednesday during oral arguments in Newark.
 
Judge Who Got Testy Over Prosecuting Juveniles as Adults Is Reversed Top
A state appeals has rebuked a Middlesex County judge who repeatedly butt heads with prosecutors over a statute requiring waiver of family court jurisdiction in certain juvenile cases.
 
State Not Liable for Loss of Evidence Held as Bailee Top
The Attorney General's Office can't be held liable in negligence for losing evidence seized in a 1985 criminal investigation that was not sought for 22 years, a state appeals court says.
 
Christie Selects Nine From Passaic, Union and Ocean for Superior Court Top
Gov. Chris Christie announces nine nominees for the Superior Court — four from Passaic County, three from Union and two from Ocean — and nominated Union County Judge Frederic Kessler for reappointment.
 
Denial of $473M Tax Refund to Merck Upheld on Appeal Top
Merck & Co. Inc. is not entitled to a refund of $473 million in taxes paid when a tax-avoidance strategy failed, a federal appeals court holds.
 
Though No Physical Injuries Alleged, Carrier on Hook for Portee Claim Top
A poorly drafted Portee emotional distress claim that fails to specify physical injuries does not give an insurer license to deny coverage or a defense, the state Supreme Court says.
 
Suit Alleges David Lerner Associates Misrepresented Value of REIT Shares Top
A putative class action filed Monday in federal court in Newark alleges that financial advising firm David Lerner Associates cheated investors in several real estate investment trusts by misrepresenting the business model, the risks and returns and other vital information.
 
Law Decriminalizing Sexting by Minors Nearing Final Legislative Approval Top
New Jersey is a step away from creating an educational alternative to criminal prosecution of juveniles who transmit explicit photos of themselves or other minors over the air waves — otherwise known as "sexting."
 
Senate Judiciary Committee Advances Superior, Municipal Court Nominees Top
The Senate Judiciary Committee on Monday recommended the approval of five new Superior Court judges, four sitting judges for tenure and judges for eight joint municipal courts.
 
Krakora Gets Senate Panel's Approval To Head Office of the Public Defender Top
The Senate Judiciary Committee gives its approval to the appointment of Joseph Krakora as head of the Public Defender's Office, succeeding Yvonne Smith Segars.
 
Guest Brutalized in Casino Valet Area Can Pursue Suit Blaming Lax Security Top
A patron who suffered head injuries during a melee in the Borgata casino hotel's valet parking area can proceed with his suit alleging security personnel failed to timely respond to the situation.
 
Subcontractor's Excess Work Volume Blows Bid on School Renovation Job Top
Subcontractors on school construction jobs are subject to the same work-volume limits as main contractors, a state appeals court rules in a precedential decision.
 
Adoption Held Not To Automatically Bar Grandparents' Visits Top
New Jersey's Adoption Act, which calls for termination of the rights of biological parents of an adopted child, does not not necessarily end their grandparents' right to visitation, a state appeals court rules.
 
Second-Tier of N.J. Top 40 Firms Show Healthy Recovery Top
Stirring from the stagnation of the late '00s, the second tier of New Jersey's top-gross-ing firms rebounded in a big way last year, bulking up their attorney numbers and posting marked gains in all key metrics.
 
Municipal Judge Charged With Fraud on Creditors Takes Leave of Absence Top
Harold Cook III, a municipal judge in four Passaic County towns, has taken a leave of absence pending resolution of ethics charges that he used fraudulent transfers to evade creditors.
 
Lawyer Whose Client Bolts to Another Can't Sue for Tortious Interference Top
A state appeals court has all but slammed the door on suits by one lawyer against another, on grounds of tortious interference with contract, for taking a client away.
 
Cecchi and Salas Get Senate Nods for District Judgeships Top
The U.S. Senate on Tuesday unanimously confirmed U.S. Magistrate Judges Esther Salas and Claire Cecchi to fill vacant district judge posts.
 
Rova Farms Cases Triable by Jury, High Court Rules Top
Bad-faith actions against insurers are essentially contract claims, and so a right to a jury trial exists, a unanimous New Jersey Supreme Court rules.
 
Court Clarifies Duty of Defense Counsel To Warn of Deportation Consequences Top
Criminal defense lawyers have a duty to warn noncitizen clients that a guilty plea may result in deportation, but not necessarily that deportation is a certainty, an appeals court says.
 
Perskie Begs High Court To Clear Him of Ethics Charge of Misleading Senate Panel Top
Retired judge Steven Perskie stood before the state Supreme Court on Tuesday facing a censure for judicial ethics violations but urging the justices not to find that he misled a Senate committee about them.
 
Judge's 'Repugnant and Offensive' Rant At Pro Se Litigant Draws a Reprimand Top
Max Baker, the former presiding family judge for Atlantic County, is publicly reprimanded for his tirade against a pro se parent who questioned a child-visitation schedule.
 
Disbarred Lawyer Charged With Unauthorized Practice Offense Top
Thomas Izso of Denville, an attorney disbarred two years ago for misappropriating client funds, is now in criminal trouble for allegedly practicing law without a license.
 
Copyright, Defamation Suit Against N.J. 101.5 Is Reinstated on Appeal Top
A photographer can proceed with his suit alleging New Jersey radio station 101.5 used his work on its website without his approval and slandered him on the air by insinuating he is gay.
 
Bill Would Give Stalking Victims a Civil Cause of Action Top
A bill in Trenton would create a civil cause of action for people claiming to be stalked.
 
Court Topples Gap-Time-Credit Ruling That Wiped Out Rapist's Prison Term Top
A defendant should not be allowed to go essentially unpunished for a rape not solved until a decade after it was committed, even though credits for time he served on other convictions in the interim were enough to set him free, the state Supreme Court rules.
 
Appeals Court Affirms Defense Verdict In Journalist's Age-Bias Suit Top
A state appeals court upholds a Bergen County jury's finding that a newspaper journalist was discharged after nearly 30 years because of poor performance reviews and work attitude, not his age.
 

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