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Thursday, June 9, 2011

Y! Alert: NJLJ.com


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Res Gestae: Requiescat in Pace Top
The res gestae doctrine has been rendered largely irrelevant by the Rules of Evidence and no longer will be given effect, the state Supreme Court rules.
 
Charges Filed in Wake of Altercation Between State Bar Officer, Convention Vendor Top
An after-hours dust-up between a State Bar Association officer and a convention vendor last month in Atlantic City has led to trading of disorderly persons charges.
 
Law Firm That Failed To Check Source Of Funds Sued for Fraudulent Transfer Top
A state appeals court reinstates a bank's Uniform Fraudulent Transfer Act claim against a firm that accepted loaned funds into its trust account and used them to settle a lawsuit against the borrowers.
 
Suit Charges N.J. Courts With Failure To Accommodate the Mentally Disabled Top
A former state court litigant claims in a federal suit that the New Jersey judiciary fails to accommodate mentally disabled court users, in violation of state and federal law.
 
Court Upends $1.75M Award, Finding Plaintiff Lawyer's Remarks Prejudicial Top
Trial lawyers are wont to pontificate during summations, but a plaintiff's attorney crossed the line by telling jurors they would be "ignoring the law" and should be reported to the judge if they objected to a $1 million-plus award.
 
No Shield for Blogger, N.J. Court Rules Top
Most bloggers aren't journalists, at least when it comes to availing themselves of a New Jersey statute that gives reporters a privilege against revealing their sources, the state Supreme Court says.
 
Lawyer To Be Reprimanded for Role in Fraudulent Sale and Leaseback Scheme Top
A lawyer should be reprimanded for misrepresenting in closing papers the disbursements in a bogus sale-and-leaseback deal — conduct that was reckless at best and deceitful at worst, a unanimous Disciplinary Review Board says.
 
Mind 90-Day Notice in Adding Claims in Contract Suit Against State, Court Says Top
Parties litigating contract disputes with the state of New Jersey must file a new notice of claim if they want to expand the lawsuit, a unanimous state Supreme Court rules.
 
Judiciary Committee Votes Tenure for Judges in Gloucester, Sussex Counties Top
The Senate Judiciary Committee recommends tenure for four Superior Court judges — three from Gloucester County and one from Sussex County — and approval for a new judge for the Palisades Interstate Park Municipal Court.
 
New Charges Against Ex-Prosecutor Accused of Witness Murder, Fraud Top
A grand jury has returned a second superseding indictment against defense attorney and ex-prosecutor Paul Bergrin, accused of running a crime ring fueled by murder, fraud and other criminal activity, this time adding racketeering charges.
 
Plaintiff Asks Court To Reconsider 'Feel of the Case' Remittitur Ruling Top
The state Supreme Court has been asked to rethink its decision allowing judges to reduce jury verdicts based on their "feel of the case," their own experience in court and comparisons with verdicts in other cases.
 
Conviction Upended Where Court Failed To Appoint Counsel in Face of Indigence Top
Denial of court-appointed counsel to a defendant despite earlier declarations of indigence is ground for vacating his conviction, a state appeals court says in a published decision.
 
Hartford Seeks To Disclaim Coverage In Suits Over Store's Data Collection Top
Secaucus-based retailer The Children's Place could, in a worst-case scenario, find itself without coverage in class actions over its practice of gathering personal data from customers who pay with credit cards.
 
Uninsured Car Owner Injured as Passenger Can't Sue, Court Says Top
A statutory ban on auto-injury suits by uninsured drivers applies with equal force to an uninsured owner injured as a passenger in her own car.
 
Drunken Drivers Aren't Barred From Bringing Dram Shop Suits Top
Thanks to some blurriness in statutory drafting, alcoholic beverage servers in New Jersey can be held liable to patrons who drink, drive and crash.
 
Patterson High Court Nomination Wins Senate Judiciary Panel's Approval Top
The Senate Judiciary Committee approves of the nomination of Republican Anne Patterson, of Morristown?s Riker, Danzig, Scherer, Hyland & Perretti, to be a justice of the state Supreme Court.
 
Title Insurers Seek To Raise Fees for Protecting Against Attorneys' Errors Top
State insurance regulators are considering a near-fivefold increase in the fee for closing service letters, by which title companies provide mortgage lenders with protection against losses arising out of defalcations by closing attorneys.
 
Attorney-Client Privilege Covers Application for PD Representation Top
An application for public defender representation is protected by attorney-client privilege, since the information it contains might aid the prosecution, a state appeals court rules.
 
Five Bergen Co. Trial Court Nominees Get Senate Judiciary Committee's Nod Top
The Senate Judiciary Committee recommends approval of five Superior Court nominees, all of whom are from Bergen County.
 
Jailed for Decade on Bad Murder Rap, Former N.J. Inmate Sues Prosecutors Top
A man who served over a decade in prison for murder before a federal appeals court found him wrongfully convicted is suing the state law enforcement authorities that prosecuted him.
 
Family Judge Flouted Due Process With Private Check of Defendant's Rap Sheet Top
A family court judge's impromptu, ex parte criminal background check in a domestic violence case, leading to issuance of a restraining order, violated the defendant's due process rights, a state appeals court rules.
 
Homeowner Running Day-care Center May Be Without Coverage for Injury Top
Homeowners who take care of other people's children for pay — even if only a pittance — may be held personally liable if their charges are hurt and their homeowners' policies contain business-exception clauses, an appeals court rules.
 
Judge Held Wrong To Foist Restraints On Party's Filings in Visitation Case Top
A grandmother's repeated failure to appear on pro se requests for child visitation may have been sanctionable, but she didn't deserve to be shut out of the courthouse as a Middlesex County judge had done, an appeals court says.
 
DOJ Wants Reduced Sentences for More Drug Offenders Top
The Justice Department is pitching a proposal that would retroactively apply crack sentencing laws to thousands of offenders whose conduct occurred before new guidelines took effect reducing sentences for many inmates.
 

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