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Monday, July 25, 2011

Y! Alert: NJLJ.com


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Suit Says Constitution Bars Hikes for Judges' Pension and Health Coverage Top
A Hudson County judge is suing the state, alleging recent increases in pension and health benefit contributions for sitting judges are unconstitutional and undercut judicial independence.
 
N.J. Court Puts Class Actions Against Junk Faxers on Hold Top
A New Jersey appeals court has pulled the plug on class actions against junk faxers, agreeing with a minority of states that say they aren't allowed under the Telephone Consumer Protection Act.
 
U.S. Court Gives Lesson in Navigating Labyrinth of Offer-of-Judgment Rule Top
"Offeror beware" was the message sent by a federal appeals court that called the the federal offer-of-judgment rule "a trap for the unwary."
 
Court Rejects 'Horseplay' Defense To Applying Megan's Law to Minors Top
Two juvenile boys must register for life as sex offenders under Megan's Law as the result of committing forced sexual contact with younger boys that a state appeals court refused to treat as mere horseplay.
 
U.S. Judge Throws Out Suit Accusing Collection Firm of Abusive Practices Top
Collection firm Pressler & Pressler has won dismissal of a would-be class action alleging it sent sheriff's officers to conduct illegal searches of debtors' homes to intimidate them into paying.
 
Autistic Children's Parents Sue Over Denied Behavioral-Therapy Coverage Top
Parents of autistic children are suing as a class over denial of coverage for a type of intensive therapy they say is scientifically valid but their insurer calls experimental.
 
Failure To Present Mitigating Evidence Held Indefensible as Discretionary Act Top
A lawyer's failure to present mitigating evidence of domestic abuse when his client pleaded guilty to aggravated manslaughter of her husband was ineffective assistance of counsel, the N.J. Supreme Court says.
 
Not All Legal Work Done Sitting Down, Judge Says in Disability-Benefits Case Top
A federal judge in Newark has restored disability benefits to a lawyer that Prudential Insurance cut off by assuming the work of all attorneys is "sedentary."
 
N.Y. Lawyer Can Be Sued in N.J. Where His Actions' Effects Were Foreseeable Top
A New York lawyer is subject to personal jurisdiction in New Jersey for purposes of a malpractice suit, even though he has no presence in the state, because the consequences here of his actions were predictable, a court says.
 
Judge in Ethics Pickle for Representing City Official Calls Proscription Vague Top
A municipal judge facing ethics charges for representing an officer of the same city says his infraction wasn't deliberate because the rule against it doesn't spell out who is an "officer."
 
Congressional Committee Re-examining Federal Government's Marriage Laws Top
For the first time since Congress voted in 1996 to define marriage as between a man and a woman, a congressional committee is looking at reversing that action.
 
OAE Report Shows More Lawyers, Fewer Disciplines Top
Despite an ever-climbing lawyer population and a steady load of ethics cases, attorney discipline in New Jersey dropped in 2010 for the second consecutive year, the Office of Attorney Ethics says in its annual report.
 
Coach Who Held Nude Weigh-Ins Gets Chance To Vacate Endangerment Plea Top
A former middle-school coach who pleaded guilty to child-welfare endangerment will get a shot at proving that his lawyer's advice about the Megan's Law ramifications was lacking and that his underlying conduct — weighing his players in the nude — did not make out an offense.
 
Judge Throws Out Consumer Fraud, RICO Suit Against Johnson & Johnson Top
A federal judge has dismissed all claims in a massive consumer fraud and RICO suit that accused Johnson & Johnson and a subsidiary of a conspiracy to conceal widespread manufacturing and quality control problems that led to product recalls.
 
Senate Confirms First Openly Gay Federal Judge Top
The U.S. Senate votes overwhelmingly to confirm J. Paul Oetken as a district court judge in New York, making him the first openly gay man appointed to the federal bench.
 

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