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Friday, September 23, 2011

Y! Alert: NJLJ.com


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Residential Real Estate Transactions No Longer Subject to Bulk Sales Act Top
Gov. Chris Christie signs a law that expressly exempts from the state Bulk Sales Transfer Act home sales by individuals, estates and trusts.
 
Lawyer Reprimanded for Will That Gave His Wife the Client's Estate Top
A Middlesex lawyer has been reprimanded for drafting a will that allowed his wife to inherit $1.3 million.
 
Court Reverses PTI Denial to Addict Who Sold Drugs from Her Apartment Top
A disabled, substance-addicted woman who ran an illicit drug store — complete with a price list — out of her apartment should have been granted pretrial intervention on charges she sold to an undercover cop, a state appeals court rules.
 
Justices To Decide on Spill Act Liability In Absence of Causal Link to Damages Top
The Supreme Court has agreed to decide if a state law widely used to pursue polluters for clean-up costs creates strict liability for all damages arising from the contamination, whether or not a causal link to the original leak can be shown.
 
Senate Panel Passes Trade Secrets Act, With Remedies for Misappropriation Top
New Jersey is edging closer to joining 46 other states that have adopted the Uniform Trade Secrets Act, which provides for civil remedies in cases of misappropriation of trade secrets.
 
Attorney General Circulates Rubric for Compliance With N.J. Anti-Bullying Law Top
Law enforcement officials give educators a handbook for compliance with New Jersey's new anti-bullying law, now in effect for the 2011-12 school year.
 
Judge Gives Green Light to Class Suit Over Zip Code Collection by Retailers Top
A litigation trend that started in California — class-action suits alleging invasion of privacy by retailers that collect zip codes from customers — is catching on in New Jersey.
 
In Fractious Bankruptcy, Lawyers Trade Charges of Privilege Breach and Fraud Top
An attorney for a Hudson County healthcare company in Chapter 11 is accusing its former lawyer, Donald Scarinci, of disclosing privileged information to counsel for the creditors committee.
 
Senate Committee Passes Five Judges For Reappointment Top
The Senate Judiciary Committee on Monday recommended tenure for four Superior Court trial judges — James Blaney, Charles Dortch, Robert Reed and Patricia Roe — and one Appellate Division judge — Douglas Fasciale.
 
Proposal Would Liberalize Rules on Electronic Devices in State Courts Top
The state Supreme Court's Bench-Bar-Media Committee is pitching new rules that would establish a presumption of permissibility for using electronic devices in court, albeit with prior approval.
 
Prosecutors Forming Consensus That E-Mails Fall Under N.J. Sunshine Law Top
Gloucester County Prosecutor Sean Dalton is the third county prosecutor in as many months to find a violation of the Open Public Meetings Act a result of e-mails sent by municipal officials about government business.
 
Disabled Student Need Not Be Enrolled In District To Qualify for Special Ed Top
A school district's obligation to make a free and appropriate public education available to disabled students living within its boundaries is not limited to students enrolled in the district, a federal judge says.
 
Circuit Revives Suit Alleging Minorities Unduly Impacted by Town Renewal Plan Top
A suit charging that redevelopment of a low-income neighborhood in Mount Holly hits African Americans and Hispanics harder has been given new life by a federal appeals court.
 
Case Tests Who Is Responsible When Patient Attacked at Charitable Facility Top
In one of the first cases of the new term, the state Supreme Court is asked to decide if a charitable institution that cares for the developmentally disabled should have a nondelegable duty to ensure employees do not harm its charges.
 
Breast-Feeding Video Subject Sues Over Its Transfiguration to Porn Top
A Fair Lawn woman is trying to repair the damage to her reputation allegedly caused by an instructional breast-feeding video in which she appeared making its way into a pornographic movie.
 
Octogenarians Alleging Child Sex Abuse Push Envelope Of Law's Discovery Rule Top
A case of two men in their 80s claiming they had sex with nuns seven decades ago while they were orphan teens is testing the outer limits of the Child Sexual Abuse Act's tolling provisions.
 
Benefits Fraud Investigation Ends in Deferred Prosecution, $150M Settlement Top
Federal prosecutors in New Jersey strike a $150 million deal to settle civil and criminal claims against a national home health care provider that admittedly received $61 million in government reimbursements through fraud.
 
Malpractice Verdict Can't Be Molded To Make Firm's Client Share in Blame Top
A law firm found to have committed malpractice by facilitating an international child abduction may not seek to hold the child's mother, its onetime client, partially liable.
 
Child-Porn Defendant Seeks Court's Aid In Accessing the Evidence Against Him Top
Turned away by the Appellate Division, a defendant in a child-pornography case who was denied full access to the incriminating evidence is pinning his hopes on the state Supreme Court's willingness to see injustice in his plight.
 
Litany of Photo-Evidence Mishandling Cited by Defense in High Court Appeal Top
The lawyer for a Newark man serving a 7-year prison sentence for armed robbery invokes the Supreme Court's sweeping ruling on eyewitness identification in faulting a trial judge for sloppy handling of mug shots, photo arrays and related testimony.
 
Court Mulls Whether X-Rated Clubs Can Be Deported From New Jersey Top
The state Supreme Court is deciding whether New Jersey towns, in seeking to restrict where adult-oriented businesses can operate, can essentially force those businesses to relocate to other states.
 
Conference Instructs Federal Judges To Limit Sealing of Entire Case Files Top
The policy-making body of the federal judiciary approves a new standard that instructs judges to seal entire court records only when required by statute or "justified by a showing of extraordinary circumstances."
 
KPMG Case Probes Limits of Holding Accountants Liable for Sketchy Audits Top
A case argued Tuesday at the state Supreme Court will determine whether an accounting firm faces third-party liability when information from audits of a client is used to help advance a merger deal and is later found to be threadbare.
 

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