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Tuesday, August 2, 2011

Y! Alert: NJLJ.com


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Perskie Censured for Bench Conflict But Cleared of Lying to Senate Panel Top
The state Supreme Court censures retired Judge Steven Perskie for not disqualifying himself from a case involving a party with whom he had a business relationship, but finds no evidence he misled a state Senate committee about it.
 
Insurance Coverage for Junk Faxes Is Question for Jury, Appeals Court Says Top
An insurance company seeking to disclaim coverage for its insured's alleged junk-faxing may have to prove its case before a jury, thanks to a state appeals court ruling that offers guidance on interpretation of advertising-exclusion clauses in general liability policies.
 
Throat-Slashed Victim's Declaration to Police Is Admissible as Nontestimonial Top
A seriously wounded robbery victim's initial utterance to responding police is properly admissible at trial, a state appeals court holds.
 
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.
 
Bankruptcy Court Launches Forum To Avoid Foreclosures 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.
 
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.
 
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.
 
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.
 
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.
 
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.
 
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.
 
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.
 
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.
 
Report Says Securities Class Actions Dip Due to Fewer Credit-Related Suits Top
Fewer federal securities class actions were filed in the first half of 2011 than in the previous six months, largely due to a decline in suits related to the credit crisis, according to a new report.
 
Domestic Violence Restraining Order Reversed Due to Due Process Errors 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.
 
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.
 

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