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Thursday, June 16, 2011

Y! Alert: NJLJ.com


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Judge's 'Repugnant and Offensive' Rant At Pro Se Litigant Draws a Reprimand Top
Max Baker, the former presiding family judge for Atlantic County, is publicly reprimanded for his tirade against a pro se parent who questioned a child-visitation schedule.
 
Class Suit Over Refusal To Cover Eating-Disorder Treatments Settles Top
AmeriHealth of New Jersey and its contractor for mental health claims settle a class-action suit alleging they shirked their statutory obligation to cover treatment for eating disorders.
 
Appeals Court Affirms Defense Verdict In Journalist's Age-Bias Suit Top
A state appeals court upholds a Bergen County jury's finding that a newspaper journalist was discharged after nearly 30 years because of poor performance reviews and work attitude, not his age.
 
Court Topples Gap-Time-Credit Ruling That Wiped Out Rapist's Prison Term Top
A defendant should not be allowed to go essentially unpunished for a rape not solved until a decade after it was committed, even though credits for time he served on other convictions in the interim were enough to set him free, the state Supreme Court rules.
 
Court Loosens Strictures on Laymen's Use of Simple Corporate Legal Forms Top
Relaxing a longstanding prohibition, a Supreme Court committee says nonlawyers' limited use of simple incorporation documents does not constitute the unauthorized practice of law.
 
Copyright, Defamation Suit Against N.J. 101.5 Is Reinstated on Appeal Top
A photographer can proceed with his suit alleging New Jersey radio station 101.5 used his work on its website without his approval and slandered him on the air by insinuating he is gay.
 
Bill Would Give Stalking Victims a Civil Cause of Action Top
A bill in Trenton would create a civil cause of action for people claiming to be stalked.
 
Disbarred Lawyer Charged With Unauthorized Practice Offense Top
Thomas Izso of Denville, an attorney disbarred two years ago for misappropriating client funds, is now in criminal trouble for allegedly practicing law without a license.
 
Cecchi and Salas Get Senate Nods for District Judgeships Top
The U.S. Senate on Tuesday unanimously confirmed U.S. Magistrate Judges Esther Salas and Claire Cecchi to fill vacant district judge posts.
 
Perskie Begs High Court To Clear Him of Ethics Charge of Misleading Senate Panel Top
Retired judge Steven Perskie stood before the state Supreme Court on Tuesday facing a censure for judicial ethics violations but urging the justices not to find that he misled a Senate committee about them.
 
Rova Farms Cases Triable by Jury, High Court Rules Top
Bad-faith actions against insurers are essentially contract claims, and so a right to a jury trial exists, a unanimous New Jersey Supreme Court rules.
 
Lawyer Censured for Withdrawal of Trust Funds Without Documentation Top
In a warning to lawyers who let their own money linger in trust accounts, the Supreme Court has issued a censure for removal of funds money without documentation to prove ownership.
 
Lawyer Whose Client Bolts to Another Can't Sue for Tortious Interference Top
A state appeals court has all but slammed the door on suits by one lawyer against another, on grounds of tortious interference with contract, for taking a client away.
 
Municipal Judge Charged With Fraud On Creditors Takes Leave of Absence Top
Harold Cook III, a municipal judge in four Passaic County towns, has taken a leave of absence pending resolution of ethics charges that he used fraudulent transfers to evade creditors.
 
Court OKs Settlement of Suit Alleging Ciba-Geigy Pollution Devalued Homes Top
A judge approves a class-action settlement, valued by the plaintiffs at $20 million, of a 10-year suit over chemicals at the Ciba-Geigy plant in Toms River that allegedly reduced home values.
 
Appeal Tests if 'Sequencing' by Rutgers Violates Open Public Meetings Act Top
The state Supreme Court has agreed to decide whether Rutgers University's board of governors violated the Open Public Meetings Act in 2008 when it discussed policies about the school's athletic department business in a closed-door session.
 
Wefing To Replace Stern on High Court Top
Judge Dorothea Wefing on Friday was temporarily elevated to the state Supreme Court, becoming the second Appellate Division judge to fill a seat that's been in constitutional limbo for more than a year.
 
N.J. Justices Bar Fee Suits Against Current Clients Top
Lawyers cannot sue clients for unpaid fees while representing them, the state Supreme Court says in reprimanding a defense attorney for doing so while preparing for a murder trial.
 
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.
 
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.
 
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.
 
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.
 
Real Estate Attorney Is Censured for Adding Secret Charges to Clients' Bills Top
A North Brunswick attorney who overcharged real estate clients for title insurance to cover prospective costs and concealed the practice is censured by the state Supreme Court.
 
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.
 
Five Judges for Bergen County, Three For Interstate Park, Get Senate's Nod Top
The state Senate on Thursday unanimously gave its consent to the appointment of five new Superior Court judges, all from Bergen County, and three judges for the Palisades Interstate Park Municipal Court.
 
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.
 
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.
 
Constructive Discharge Not Essential To Viability of CEPA Claim, Court Rules Top
A plaintiff need not show constructive discharge in order to pursue a lost-wages claim under the Conscientious Employee Protection Act, the state Supreme Court says.
 
Drug-Sale Conviction Reversed Where State Expert Drew Conclusion of Guilt Top
A prosecutor's improper use of expert testimony in a narcotics trial usurped the jury's fact-finding function, requiring a reversal of the conviction, a state appeals court rules.
 

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