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Thursday, October 13, 2011

Y! Alert: NJLJ.com


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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."
 
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.
 
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 sppellate 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.
 
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.
 
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.
 
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.
 
Pretextual Removal of State Claim Gets Xerox Sanctioned Top
A U.S. judge in Camden has sanctioned Xerox Corp. for improperly removing a racial bias and hostile work environment suit to federal court when no federal cause of action was asserted.
 
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.
 
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.
 
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.
 
Pru Seeks To Disqualify Plaintiffs' Lawyers in 'Secret Deal' Case Top
A state judge is weighing a request to disqualify three law firms that represent plaintiffs who claim Prudential Life Insurance Co. paid their lawyers millions of dollars to keep their case out of court and limit recovery.
 
Arguments Rage Over Constitutionality of Hiking Judges' Pension Plan Pay-ins Top
Lawyers battled in a Mercer County courtroom Wednesday over whether a law increasing judges' relative contributions to their pension and health-benefit plans violates a state constitutional proscription against reducing judges' salaries during their time in office.
 
Drug-and-Alcohol-Fueled Chatter Held Admissible in Actress's Homicide Trial Top
Former "Melrose Place" actress Amy Locane's unguarded and at times garrulous remarks to police and paramedics in the aftermath of a fatal 2010 crash will be heard by the jury in her upcoming trial on vehicular homicide charges.
 
No Recourse for Lawyer Stalked by Ex-Client She Dated Top
An appellate ruling serves as a lesson to attorneys that getting romantically involved with a client — never a good idea to begin with — can be particularly perilous in a matrimonial case, where parties are often distraught and unstable
 
Court Trims 'Psychological' Parent's Right To Restrict Child Visitation Top
A third-party "psychological" parent does not have the same autonomy as the child's legal parents did before ceding custody, a state appeals court said Friday in a precedential decision.
 
'Knowing and Informed' Waivers of Wage-Execution Notices Pass Muster Top
A state appeals court gives its blessing to a form of consent judgment that allows the creditor to execute on the debtor's wages without further notice.
 
Lawyers May Drop Elevator Company Over Discovery Hold-Up, Court Says Top
Two lawyers have been permitted to withdraw as counsel in a patent dispute between elevator giants because their client refused to comply with court-ordered discovery.
 
Chinese Company Accuses Pfizer of Chickening Out of Animal Feed Deal Top
Pfizer's decision to pull from the market a 60-year old animal food additive, after a government study found chickens contaminated with arsenic, has landed it in trouble with the Chinese company that makes the drug.
 
Senate Passes Bill That Would Allow Suit Over Invasion of Trade Secrets Top
Legislation that would create a civil action in New Jersey for the misappropriation of trade secrets has been passed by the Senate and may be on its way to final legislative approval before the current term ends.
 
Nissan Transmission Flaw Causes Breakdowns, Class Action Claims Top
An allegedly defective transmission has some Nissan owners stuck in neutral, and they claim the carmaker knew of the problematic component but sold models equipped with it anyway.
 
Court To Revisit Duty To Advise About Deportation Consequence of Guilty Plea Top
Two years after the New Jersey Supreme Court ordered a noncitizen's guilty plea vacated because his lawyer misinformed him about the deportation consequences, the justices are set to review two other cases that question the scope of a defense attorney's duty.
 
Law Protecting Psychiatric In-Patients Does Not Create Whistleblower Action Top
A civil rights law banning retaliation against those reporting illegal conditions at psychiatric hospitals creates no private cause of action by the whistleblower, a U.S. court rules in a Third Circuit case of first impression.
 
Tax Exemptions Wrongly Rescinded on Group Homes for the Mentally Disabled Top
A non-profit organization that provides housing and counseling services to people with psychiatric disabilities should have been granted property tax exemptions, the state appeals panel rules, reversing a tax court judge.
 

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