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Wednesday, April 20, 2011

Y! Alert: NJLJ.com


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Court Cool To Pitch That Bad Economy Warrants Curtailing Public School Aid Top
Supreme Court justices hearing the latest iteration of Abbott v. Burke seemed to look askance at the state's argument that harsh economic times justify cuts to public-school funding.
 
Dow Queries Feds on State Workers' Liability Under Medical-Marijuana Law Top
New Jersey Attorney General Paula Dow is seeking guidance from above on whether the state's nascent medical-marijuana program could expose state workers implementing it to liability under the U.S. Controlled Substances Act and other federal laws.
 
Candidate Stripped of E-Mail Privileges For Making Election Use of Bar System Top
A candidate for a State Bar Association trustee seat who sent campaign literature via the organization's e-mail distributor has been banned from using it for the rest of the election, while her opponent gets one shot at a fair response.
 
Divorced Parent Paying for College Can Demand To See the Report Card Top
A divorced parent funding a child's college education can demand the student's academic records as a condition of payment, a state court judge says in a case of first impression.
 
Continuing With Claim in Vain Draws Sanction, No Sympathy, on Appeal Top
A lawyer who persisted with a case even when it became clear it had little or no chance of success deserves no quarter, a state appeals court rules in imposing sanctions.
 
U.S. High Court To Review Legality of Jails' Blanket Strip-Search Policies Top
The U.S. Supreme Court has agreed to decide whether a jail's uniform policy of strip-searching inmates, even those arrested on minor, nonviolent offenses, violates the Constitution's Fourth Amendment protection against unreasonable searches and seizures.
 
Offensive Language Alone No Basis for Domestic Violence Restraining Order Top
Domestic violence can take many forms, but offensive speech alone isn't one of them, unless its purpose is "to alarm or seriously annoy," a state appeals court says in striking down a final restraining order.
 
Justices To Decide on Criteria for Disqualification of Side-Switching Firm Top
The state Supreme Court has agreed to review a case that will impact which matters law firms can take against ex-clients without creating a conflict of interest.
 
Appeals Court Places Sharp Limits on Civil Rights Suits Over Land-Use Denial Top
Property owners in land-use disputes with government agencies must exhaust all other remedies before they can sue over alleged substantive due process violations, and even then, there?s a high threshold of proof, a state appeals court says in a precedential ruling.
 
Employer Not Liable for Fatal Accident Caused by Off-Duty Traveling Salesman Top
An employer is not responsible when a chronically intoxicated employee is involved in a fatal car crash on his own time, a state appeals court rules.
 
Suits Claim Banks Forced Mortgagors To Buy Excessive Flood Insurance Top
The past year has seen a mini-wave of lawsuits against banks for allegedly forcing mortgagors into exorbitant flood insurance policies.
 
DOJ Pitches GPS Surveillance Case to Supreme Court Top
The Justice Department urges the Supreme Court to resolve a conflict among federal appellate courts over whether law enforcement officers must obtain a warrant before using GPS technology to covertly follow a person.
 
Employment Suit Tests Reach of LAD's Ban on Bias Based on Gender Identity Top
A wrongful-discharge case in state court in Camden promises to be the first to give a shakeout to New Jersey's four-year-old law barring discrimination against people who have undergone sex change operations.
 
Alleged Conflict Raised in Battle for Bar Secretary Job Top
The contested election for the post of State Bar Association secretary, unusual in itself, takes on a new novelty this week as one candidate accuses the other of an incurable conflict of interest.
 
RICO Charges Revived Against Former Prosecutor Accused of Witness Murder Top
A U.S. appeals court has reinstated racketeering charges against Paul Bergrin, a New Jersey criminal defense attorney and ex-prosecutor accused of masterminding crimes that included arranging the murder of a government witness.
 
Lawyer Disciplined For Accumulating Debt on Trusting Client's Credit Card Top
A Montclair solo has been reprimanded for running up a high balance on the credit card of an elderly, blind client and allowing the account to fall into arrears.
 
No Bar to In-House Counsel Recovering Taxed Legal Fees in Special Civil Part Top
Retail-installment creditors can recover legal fees taxed in small-claims court even when they rely on in-house counsel, to collect a debt, an appeals court rules in a precedential decision.
 
Medical Providers May Win Legal Fees Without Showing PIP Insurer Bad Faith Top
A medical provider who successfully defends against an insurance carrier's suit over PIP benefits can collect attorneys' fees and costs without having to prove bad faith, a state appeals court rules.
 
Court Upholds Indictment Based on Intern's Grand Jury Presentment Top
A state appeals court has approved use of law-student interns to present grand jury indictments so long as prosecutors supervise them and comply with a court rule governing their appearance.
 
Three Named for Superior Court, Six for Municipal Courts Top
Gov. Chris Christie on Tuesday made three nominations for Superior Court judgeships, along with six nominations to joint municipal courts.
 
Victims' Compensation Fund Officials Immune From Constitutional Rights Suit Top
The state's crime victim compensation director and her agency's counsel are immune from suit, a state appeals court rules, dispensing with arguments that a delayed restitution payment created a constitutional claim.
 
To Collect on Time-Barred Debt Claims, Ask Firmly but Don't Threaten To Sue Top
Creditors can try to collect a debt even if the statute of limitations is past so long as they do not sue or threaten to sue, the Third U.S. Circuit Court of Appeals rules in a case of first impression.
 
First Amendment Advocates Seek End To Presumed Defamation Damages Top
Two groups pressing First Amendment rights want the state Supreme Court to ditch the doctrine of presumed damages in defamation cases, calling it an archaic and confusing concept that chills free speech, distorts tort law principles and leads to unjust outcomes.
 
Middleman in Insider-Trading Scheme Tied to BigLaw M&A Attorney Pleads Guilty Top
The previously unnamed middleman in an alleged insider-trading scheme involving a BigLaw mergers and acquisitions attorney admits his role in a federal courtroom.
 
N.J. Court May Try Injury Suit Arising From Auto Accident in South Africa Top
A New Jersey man severely injured in an automobile accident while on a business trip to South Africa may sue in a Bergen County court, the state Supreme Court rules.
 
Divorce Litigant Who Left Country Is Labeled Fugitive, Has Appeal Dismissed Top
A wealthy international arms dealer, formerly of Saddle River, will have to return to New Jersey from his native Pakistan if he wants to challenge orders in a divorce action that he surrender his passport and not leave the country.
 
U.S. Emergency Care Law Pre-empts State Restriction on Cardiac Surgery Top
A federal law requiring life-saving treatment supersedes a hospital's obligation to obtain a state certificate of need before performing angioplasties, an administrative law judge rules.
 

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