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Friday, May 20, 2011

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Kalison McBride Joins McElroy Deutsch, Bulking Up Firm's Health Care Practice Top
McElroy, Deutsch, Mulvaney & Carpenter is acquiring the 13-lawyer Warren health-care boutique of Kalison, McBride, Jackson & Robertson.
 
Clause Fixing State as Litigation Forum Waives Right of Federal Court Removal Top
When contracting parties agree that any dispute will be heard in the courts "of" a particular state, they waive the right to remove it to federal court, even one within the borders of that state, the Third U.S. Circuit Court of Appeals holds.
 
Suing Psychologist Who Did Not Report Abuse Requires No Affidavit of Merit Top
An affidavit of merit is not needed in a suit accusing a psychologist of negligence in failing to report suspected sexual abuse of his juvenile client, a U.S. judge in Trenton rules.
 
Crime-Based Public Pension Forfeiture Limited by Time of Offense, Court Says Top
A public official who commits an offense triggering the mandatory pension forfeiture statute doesn't lose his entire pension — only that portion of it relevant to his job at the time, a state appeals court rules.
 
Flouting Mandatory Joinder Rule Draws Mixed Results in Consumer Fraud Case Top
New Jersey's entire controversy doctrine is still alive and kicking, even if it needs an adjustment from time to time. That's what the state Supreme Court gave in a ruling that fashioned a Solomonic remedy for disobedience of the mandatory joinder rule in a Consumer Fraud Act case.
 
Suit Can Proceed Against Lawyer Who Closed for Fraudulent Real Estate Firm Top
A Perth Amboy lawyer who did legal work for a now-bankrupt company that engaged in a mortgage Ponzi scheme can't block a suit against him by another lawyer who says he was a victim, a Newark bankruptcy judge says.
 
Failure To Disclose Info on Application For Extension Held Not To Void Patent Top
A Schering Corp. attorney's failure to disclose adverse information to the U.S. Patent and Trademark Office in applying for a patent extension does not render the patent unenforceable, a federal judge rules.
 
Mold Growth in Miele Washers Spoils That Fresh Laundry Smell, Suit Alleges Top
Miele Washing Machines don't pass the consumer sniff test — literally, a putative class action alleges.
 
Enhanced Disability Due Policeman Who Witnessed Grisly Death at House Fire Top
A rookie Montclair police officer traumatized and hospitalized for smoke inhalation after a failed rescue effort at a fatal fire should be awarded enhanced accidental disability benefits, the state Supreme Court rules.
 
Legal Services Not Protected by Charitable Immunity From Malpractice Suits Top
Charitable immunity does not shield Northeast New Jersey Legal Services or its lawyers from malpractice suits because most of its funding comes from government sources, rather than private donations, an Essex County judge holds in a case of first impression.
 
Time Limit for Objecting to Lab Reports Held Tolled Until They Are Received Top
Clarifying the notice-and-demand statute that provides a 10-day window to challenge lab reports in drug-crime cases, a state appeals court says that the timetable begins to run only at the point when a defendant receives all documents related to the lab analysis.
 
Pro Se's Estate Litigation Reinstated Because Dismissal Notice Not Given Top
An unrepresented litigant whose complaint lacks evidentiary support is nonetheless entitled to advance notice before his suit is dismissed, a state appeals court rules.
 
'Scant' Injury to Pru No Ground for Sealing Documents in Class Action Top
Prudential Insurance Co. can't bar disclosure of internal documents submitted in discovery in a putative class action that alleges it misled policyholders, a U.S. judge in Newark rules.
 
Christie Nominates Two Hudson Judges, Five for Regional Municipal Courts Top
Gov. Chris Christie on Monday announced nominees for the Hudson County Superior Court bench and for five municipal court seats.
 
Mandatory Arbitration Provision in New-Home Warranty Held Leak-proof Top
Trying to recover for construction defects under a new-home warranty can cost you your right to go to court, the Appellate Division rules in a precedential decision.
 
Retired Prosecutors Can't Carry Guns, Appeals Court Says Top
A three-judge panel says a state statute that allows retired law enforcement officers to carry handguns applies only to retired police officers and detectives, not to lawyers formerly employed as county or state prosecutors.
 
Discipline Recommended for Lawyer With Propensity for Holding Back Files Top
Failing to hand over a client's file after the representation ends is not the most serious of ethics infractions, but an Eatontown solo's history of such behavior may up the discipline in his case.
 
Dalton, Endorsed Candidate, Defeats Alvarez in State Bar Secretary Race Top
A historic contested election for two State Bar Association leadership positions ended Tuesday with candidates endorsed by the Bar's nominating committee handily defeating their challengers.
 
Bergen Jury Awards $950,000 to Parent Who Blamed Law Firm for Girl's Abduction Top
A matrimonial lawyer and her Hackensack firm are hit with a $950,000 malpractice verdict for their role in enabling an international child abduction.
 
No Timetable Seen for Federal Probe of Newark Police Top
The Newark Police Department will spend the foreseeable future under the microscope of Department of Justice officials investigating a possible pattern or practice of misconduct.
 
Defendant Held Not Prejudiced by Having First Met His Lawyer on the Date of Trial Top
A divided Appellate Division rejects the notion that a criminal conviction should be set aside because the defendant first met his public defender on his trial date.
 
Fee-Shift Clause Found To Be Triggered Where Suit Spurred Corrective Action Top
Putting some gloss on the definition of "prevailing party," a state appeals court holds that fees may be awarded under a fee-shifting agreement if litigation that settled before trial produces a positive result.
 
Town Prosecutor Fired After Reporting Drunk Judge Wins $1.3 Million Verdict Top
A Warren municipal prosecutor who was replaced after reporting the town's judge for holding court while intoxicated was awarded $1.3 million, most of it punitive damages, in her whistleblower suit.
 
State Bar Again Takes Aim at Abridging Legal Malpractice Limitations Period Top
A State Bar-backed bill in the Legislature would reduce the statute of limitations in malpractice actions against licensed professionals, including attorneys, and eliminate fee shifting.
 
High Court Vindicates Judge Who Used 'Feel of the Case' To Slash Jury Award Top
The state Supreme Court upholds a Morris County judge who slashed a $1 million jury award to $200,000 based on his "feel of the case," his experience as a judge and litigator and a comparison with other verdicts.
 
Decal Law Doesn't Put Young Drivers In Danger, N.J. Attorney General Says Top
The state attorney general has found no evidence that Kyleigh's Law, requiring red decals on the license plates of underage drivers, singles them out for attacks by predators or other criminals.
 
Silence in Divorce on Home Valuation Means Value on Date of Sale Applies Top
A state Supreme Court decision offers a stark lesson on the perils of bad drafting in divorce property settlement agreements, especially with regard to sale of the marital home and division of the proceeds.
 
Asbestos Multiple-Exposure Theory Is Sought To Be Applied in Lead-Paint Suit Top
In a case of first impression now on appeal, a plaintiff's lawyer is trying to apply an asbestos-litigation strategy to a lead-poisoning suit.
 
Lawyer's Lax Staff Supervision Led to Case?s Demise, Warrants Suspension Top
A lawyer whose staff lost track of a personal injury suit for seven years, and who ignored the client's inquiries, deserves a three-month suspension, say ethics officials.
 
Inmate Early Release Statute Repealed Top
New Jersey's experiment with early release of prison inmates ended on Monday when Gov. Chris Christie signed a repealer bill that had won final legislative approval the same day.
 
No Workers' Compensation Immunity For Employer's Partner, Court Says Top
In a ruling that's bad news for commercial lessors who are in partnership with employers on the premises, a state appeals court says the workers' compensation bar won't shield them from suits by injured employees.
 

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