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Wednesday, December 21, 2011

Y! Alert: NJLJ.com


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Court Spares Attorney Who Misused Certification Seal, Forewarns Others Top
A lawyer whose website wrongfully displayed the seal of the Board of Attorney Certification has escaped discipline, but his case is a warning to other lawyers not to dress up their sites with honors they haven't earned.
 
Cheaper Heat Gauge Held Sufficient for Alcotest Calibration Top
The Alcotest is just as accurate when calibrated with an inexpensive digital thermometer as with a pricey one, a state appeals court says.
 
Prison Guards Held Improperly Denied A Defense in Suit Over Inmate Beating Top
An appeals court holds that when deciding whether an employee is entitled to a state-provided defense under the Tort Claims Act, the attorney general must be relying on up-to-date information.
 
Nonprofit's Property Tax Exemption Upended by Building Users' Income Top
A nonprofit environmental organization must pay real estate taxes on most of a building it owns, a tax court judge rules, finding entities in the building were getting paid for their services and products and were turning over some of that money to the owner.
 
Reprimand Issued For Judge's Attempt At Using Office To 'Strong-Arm' Police Top
Former Bergenfield municipal judge Lynn Muller has been publicly reprimanded for abusing her judicial authority in an altercation with local police at her home.
 
Gibbons' McNulty Is Nominated for N.J. Federal Bench Top
President Obama has nominated veteran litigator Kevin McNulty of the Gibbons firm in Newark to the U.S. District Court.
 
Judge Doubled As Prosecutor Because Case Had Been on the Docket Too Long Top
Municipal Court Judge Louis DiLeo's defense for conducting a criminal trial without a prosecutor or a public defender is the law of necessity.
 
Bloods Gang Member Draws Life Sentence for Conspiracy To Murder U.S. Judge Top
A gang member convicted of concocting an elaborate murder-for-hire plot against New Jersey's top federal judge has been sentenced to life in prison.
 
Father Awarded Custody of Twins Born to Sister of Same-Sex Partner Top
In a ruling that advances New Jersey law on surrogate reproduction, a judge has awarded full custody to the biological father of 5-year-old twin girls while preserving parental rights for the gestational mother.
 
Discovery Order Relieves Party of Review of 65 Million E-Documents Top
A federal judge in a contract case has excused compliance with a discovery agreement that would have required the plaintiff to produce an estimated 65 million documents, finding it would cost too much to screen them for privilege.
 
Two Nominees, Four Sitting Judges Get Senate Approval Top
The Senate on Thursday gave its approval to two Superior Court nominees, Democrat Timothy Chell of Gloucester County and Republican Michael Hubner of Morris County.
 
Dow To Step Down as A.G., Take Post at Port Authority, With Judgeship in Play Top
Attorney General Paula Dow will step down at the year's end to become deputy general counsel for the Port Authority of New York and New Jersey, Gov. Chris Christie announces.
 
Anderson, Judiciary's Longtime Liaison To Other Branches, Is Stepping Down Top
After four decades in the Administrative Office of the Courts, David Anderson Jr. will retire on Jan. 1 as director of the Office of Professional and Governmental Services.
 
Fire Company's Residency Restrictions Held To Have Disparate Racial Impact Top
A northern New Jersey fire company's residents-only hiring policy disparately impacts black applicants, the Third Circuit Court of Appeals holds, rejecting defenses that the policy is a business necessity and prevents disparate-treatment claims by Hispanics.
 
Two Offenses Defined by Single Statute on Keeping in and Changing Car Lanes Top
The state Supreme Court makes it easier for prosecutors to obtain motor vehicle violation convictions against drivers who change lanes carelessly or weave over a line.
 
Suit Over Blown Statute of Limitations Held Not To Require Affidavit of Merit Top
A lawyer's alleged missing of the statute of limitations in a personal injury case falls within the realm of common knowledge and requires no affidavit of merit, a state appeals court says.
 
Foreclosing Lender's Counsel Owed No Duty of Care to Mortgagor, Court Says Top
An appeals court affirms a foreclosure order, finding the bank's former attorneys did not have a duty to record an order that vacated a prior sheriff's sale, which the homeowner said hampered his ability to seek more favorable financing.
 
Work-Product Privilege Shields Notes Taken in School Bullying Probe Top
A parent concerned about bullying at school can't obtain notes made by employees at the school board attorney's instruction through the Open Public Records Act because the documents are protected by work-product privilege, a state appeals court says.
 

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