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Thursday, October 20, 2011

Y! Alert: NJLJ.com


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Suit Drags on Against the Lawyer Who Wrote the Book on Legal Malpractice Top
Hilton Stein, the once dean of legal -malpractice lawyers who went bankrupt and has been on disability inactive status since 2002, is fighting to stave off trial of a nearly 10-year-old suit by a former client.
 
No Gender Bias Found in Workplace Rife With Crude, 'Boorish' Language Top
Abrasive and impolite comments by a manager or co-workers may make for an unpleasant workplace, but if it's directed toward everyone, it's not actionable under the state Law Against Discrimination, an appeals court says.
 
Circuit Court Orders More Scrutiny of Deal Conditioning PTI on Suit Waiver Top
A federal appeals court has declined to enforce a deal by which a state criminal defendant was admitted to pretrial intervention in exchange for waiving his right to sue the police.
 
Ousted Chamber of Commerce Official Sues, Alleging 'Old Boys Club' Sex Bias Top
A former New Jersey Chamber of Commerce executive is suing the business advocacy and lobbying group, claiming it harbors a "culture of intoxication" that fosters lewd behavior toward female employees.
 
Judge Says No Specialty Required for Legal Malpractice Affidavit of Merit Top
A lawyer providing an affidavit of merit in a legal malpractice suit need not be in the same practice area as the lawyer sued, a Hunterdon County judge has ruled in a case that seems destined for resolution on appeal.
 
One Malpractice Lawyer's Blog Post About Another Draws Defamation Suit Top
A suit in Morris County appears to be the first instance in New Jersey of one legal malpractice attorney suing another for defamation over criticism in a blog posting.
 
No Civil Remedy for Public Defender Attacked by Client at Mental Hospital Top
A public defender attacked by her client, a patient at a mental hospital, has no viable federal constitutional rights claim against the state, an appeals court rules.
 
Government Can't Be Sued Over Failure To Garnish Federal Benefit Payouts Top
The federal government is immune from a suit claiming an agency failed to withhold income for payment of court-ordered child support obligations, a state appeals court rules.
 
Bus Operator Sanctioned for Claiming Rutgers Broke State Bidding Laws Top
The head of a commuter bus line displaced from a contract with Rutgers University has been sanctioned for lodging a frivolous suit against the school.
 
Law Hiking Judges' Health-Care, Pension Payments Unconstitutional Top
A law increasing judges' contributions to their pension and health-benefit plans violates the state constitution's prohibition against reducing their salaries while in office, a state judge rules.
 
No Prejudice in Reviving Suit Plagued By Plaintiffs' Communications Rift Top
A communication breakdown between two plaintiffs' lawyers is not reason enough to bar reinstatement of a suit over an automobile accident, even one that occurred six years ago, a state appeals court rules.
 
Juror's Pro-Tort-Reform Outburst Not A Basis for Mistrial; No-Cause Upheld Top
A juror's statement that he favored tort reform was not prejudicial enough to warrant a mistrial, a state appeals court holds in affirming a no-cause verdict in an automobile-negligence case.
 
Juror Is Spared Sanctions for Doing Internet Research in Sex-Crime Trial Top
A juror who sparked a mistrial in a child sex assault case by surfing the Web and sharing his findings with fellow jurors escapes a contempt sanction as a judge finds it to be "a genuine, though perhaps reckless, mistake."
 
Shwartz Nominated for Third Circuit in Unusual Leap for Magistrate Judge Top
U.S. Magistrate Judge Patty Shwartz has been named for the federal appeals bench, while Magistrate Judge Michael Shipp and Gibbons partner Kevin McNulty are on track for district court judgeships.
 
Court Mulls City Liability for Lapses by 9-1-1 Call Center Top
Lawyers for Jersey City ask the state Supreme Court to overturn an appellate ruling that the failure of two of its 9-1-1 call takers to take down information may have led to the deaths of a mother and her two children.
 
Oral Palimony Pact Upheld in One of Last Cases Before Statute Of Frauds Top
A man who was clearly living the married life, despite his same-sex partner's denials of a romantic relationship, is entitled to a half share of their onetime Jersey City home.
 
Lawyer Admonished for Not Protecting Trust Accounts Looted by State Worker Top
The Supreme Court disciplines a lawyer whose failure to reconcile his trust account enabled a state agency's employee to steal thousands over a period of three years.
 
Judicial Ethics Flouted by Surrogate's Hosting of Fundraiser, ACJC Charges Top
Atlantic County's surrogate stands accused of violating judicial ethics by having emceed a political fundraiser for an Assembly candidate.
 
Police-Brutality Victim's $2.7M Award Slashed for Lack of Permanent Injury Top
A U.S. judge gave an ultimatum to a Newark woman who won $2.7 million in a police-brutality case against the city: accept $750,000 or redo the damages trial.
 
LAD Suit Was Wrongly Dismissed on Ground That Accused Wasn't a Boss Top
A state appeals court revives a sexual-harassment suit by two Mercer County employees whose vicarious liability claim was dismissed by a judge who mistakenly relied on the alleged harasser's status as a co-worker rather than a supervisor.
 
Piercing of Spousal Privilege Is Sought For Wife Who Removed Crime Evidence Top
The state Supreme Court heard arguments Tuesday on whether the spousal testimonial privilege should be pierced in a criminal case when both spouses are intertwined with the crime and were not married when it occurred.
 
Effect of OSHA 'Willful Violation' Citation On Workers' Comp Bar Is Before Court Top
The state Supreme Court is deciding whether OSHA's citing of an employer for "willful violation" of its regulations is enough to surmount the workers' compensation bar, thus allowing suit by an employee put in harm's way.
 
N.J. False Claims Act Not Retroactive, Appeals Court Says Top
New Jersey's False Claims Act can't be used to sue over conduct that took place before its 2008 effective date, a state appeals court ruled Tuesday in a precedential decision.
 
Town Prosecutor Fired After Reporting Drunk Judge Wins $1.26 Million Fee Top
A municipal prosecutor who lost her job for reporting that the judge was drunk on the bench has been awarded $1.26 million in fees in her whistleblower suit against the town, bringing her total recovery to $2.68 million.
 
DeCotiis Firm Booted From Suit Against Pru in Light of Contacts With Company Top
DeCotiis FitzPatrick & Cole has been disqualified from representing plaintiffs who claim Prudential Life Ins. Co. paid their lawyers millions of dollars in fees to keep their employment claims out of court and limit their recovery.
 
Solo Lawyer Disbarred for String of Ethics Abuses, Unauthorized Practice Top
Teaneck solo Michelle SimmsParris' efforts to retain her license despite numerous ethics violations comes to an end as the state Supreme Court orders her disbarred.
 

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