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Friday, July 29, 2011

Y! Alert: NJLJ.com


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Bankruptcy Court Launches Forum To Avoid Foreclosure Top
A new program debuting Monday in New Jersey's U.S. bankruptcy Court is aimed at helping debtors and mortgage lenders find common ground to avert foreclosure.
 
Domestic Violence Restraining Order Reversed Due to Evidentiary Flubs Top
Judges hearing domestic violence cases should exercise caution when admitting evidence of prior acts that are not in the original complaint, lest they risk violating due process, the state Supreme Court rules.
 
Gann Law Books Sued in U.S. Court for Sending Out Unsolicited Faxes Top
Gann Law Books, a long-established publisher of standard desktop volumes for New Jersey lawyers, is the target of a federal putative class action alleging it sent out 10,000 illegal junk faxes over a four-year period.
 
Appeals Court Gives a Lesson on Need To Put Fee-Sharing Deals in Writing Top
Rule of Professional Conduct 1.5 'does not contemplate an avoidance of its requirements by happenstance at the end of the services performed,' the Appellate Division rules.
 
Hedonic Damages Claim on Behalf of Comatose Inmate Can Go Forward Top
The estate of a suicidal inmate who was wrongly moved into the general population where he hanged himself, went into a coma and soon thereafter died may pursue damages for his loss of enjoyment of life, a federal judge rules.
 
Condo Complexes Not Liable for Failure To Plow Public Sidewalks, Court Says Top
Sidewalks in front of condominium buildings on city streets look just like those in front of businesses, but there's no corresponding obligation to keep them clear of snow, a divided state Supreme Court rules.
 
Ch. 7 Trustee Sues Debtor's Lawyer, Alleging He Botched State Court Suit Top
A Somerville lawyer is fighting a malpractice suit claiming he failed to inform a client that an employment-bias case had been thrown out 10 years earlier and, after the client filed for bankruptcy, blocked a Chapter 7 trustee's efforts to find out the status of the case.
 
Health Care Battle Reaches Supreme Court Top
The Thomas More Law Center has filed a petition for certiorari in Thomas More Law Center v. Obama, its challenge to a June 29 ruling by the U.S. Court of Appeals for the 6th Circuit that upheld the so-called "individual mandate" under the landmark health care legislation.
 
No Personal-Use Defense To Growing Marijuana, N.J. Appeals Court Holds Top
A New Jersey appeals court finds there is no personal-use defense to a charge of illegal growing of marijuana, not even for medical use.
 
Lesniak Takes on U.S. Senators in Effort To Bring Web Gambling to N.J. Top
State Sen. Raymond Lesniak, whose intrastate online gambling bill was vetoed, says he will take another crack at the legislation — and federal authorities should not get in the way.
 
Justices To Decide Whether Wife Can Be Mother to Spouse's Surrogate Child Top
The state Supreme Court has agreed to review the denial of a woman's request to be recognized as the mother of her husband's biological child, born by way of a surrogate mother, without recourse to adoption.
 
B2B Consumer Fraud Act Award Is Overturned Due to Errors Below Top
The state Supreme Court on Monday struck down a Consumer Fraud Act award to a commercial entity, though stopping short of saying the act can never apply in the context of business-to-business transactions.
 
Retroactive Suspension Deemed Enough For Counsel for Sham M&A Company Top
The former in-house counsel for a scandal-ridden investment company who made phony deductions on his income taxes and made false statements to federal investigators has been suspended from practice for two years.
 
Christie Is Sued for Info About Summit With Ailes Discussing Presidential Run Top
Gossip website Gawker, with the aid of the ACLU-NJ, is suing Gov. Chris Christie over his refusal to make public alleged communications with Fox News Channel president Roger Ailes over a possible run for the presidency in 2012.
 
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."
 
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.
 
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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