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Thursday, October 27, 2011

Y! Alert: NJLJ.com


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Court Mulls Federal Fee-Shifting Rule That Could Spell Doom for Rendine Top
The state Supreme Court takes up whether to adopt a U.S. Supreme Court ruling that sharply curtails trial judges' power to enhance counsel fees in cases that might never have been filed but for fee-shifting rules.
 
Million-Dollar Default Judgment Upheld Against Lawyer in Bank Collection Suit Top
A state appeals court on Tuesday upheld a $1 million default judgment against a lawyer who failed to lodge a timely challenge to a bank's collection suit, finding no excusable neglect.
 
Class-Action Suit Over T.G.I. Friday's Silent Drink Pricing Can Go Forward Top
An appellate ruling keeps alive a putative class action claiming T.G.I. Friday's violates New Jersey consumer protection laws by failing to post alcoholic and soft drink prices.
 
Prior Owner's Assent Does Not Defeat Inverse Condemnation Suit, Court Says Top
A lot owner's claim of inverse condemnation due to the municipality's subdivision plan should not have been rejected due to the assent of his predecessor in title, a state appeals court rules.
 
Attorney Given 'Strong Censure' for Facilitating Bogus Mortgage Rescue Top
A real estate attorney held liable for his conduct in a bogus sale-and-leaseback deal has been censured, though ethics authorities stopped short of finding him complicit.
 
Legal Fee Availability Tested for Case Subject to Seminal Arbitration Ruling Top
A case in federal court in Trenton poses the question whether plaintiffs whose suits are dismissed after years of litigation in wake of a recent pro-arbitration U.S. Supreme Court ruling might nevertheless be entitled to legal fees.
 
Wyeth Abused Patent Process To Delay Release of Generic Effexor, Suit Says Top
A putative class action charges Wyeth Inc. with violating antitrust and consumer protection laws by impeding the introduction of a generic version of its antidepressant Effexor XR.
 
'Thumbs Up' in Criminal Case Weighed As Possible Furtherance of Conspiracy Top
The state Supreme Court is wrestling with the legal significance and admissibility of a 'thumbs up' by one criminal defendant to another.
 
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.
 
Voiding of Pension Reform For Judges Riles Christie, Who Upbraids Judiciary Top
A ruling that the new pension reform law is unconstitutional as applied to judges sparked a broadside by Gov. Chris Christie against the authoring judge &mdash and judges at large.
 
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.
 
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 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.
 
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.
 
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.
 
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.
 
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.
 
Possible Pretextual Grounds for Firing Raise Question for Jury, Court Says Top
Whether an employee was fired for disloyalty or because she occasionally nodded off at work due to sleep apnea is a question for a jury, a state appeals court rules.
 
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.
 
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.
 

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