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Wednesday, August 10, 2011

Y! Alert: NJLJ.com


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E-Mail Discussion on Ordinance Found To Violate Open Public Meetings Act Top
When the Open Public Meetings Act was enacted in 1976, there was no such thing as e-mail, but a county prosecutor has concluded that Evesham council members ran afoul of the statute by carrying on an e-mail discussion about a proposed ordinance.
 
Lender Without Mortgage Note in Hand Lacks Standing To Sue for Foreclosure Top
Raising another procedural hurdle to residential foreclosure cases, a state appeals court ruled Tuesday that a mortgage lender must demonstrate that it possesses the note before filing its complaint, the Appellate Division says.
 
Mediation Terms Need Not Be Written Down Immediately To Be Enforceable Top
The New Jersey court rule requiring that terms of oral settlement agreements reached during non-binding mediation be set down in writing does not mean it has to be done immediately, the Appellate Division rules.
 
Law Firms' Paperwork Errors Alleged To Have Resulted in Vioxx Claim Denial Top
Two plaintiffs' firms are being sued for malpractice for misstating the cause of death of a Vioxx user, which allegedly led to denial of recovery from a multibillion-dollar global settlement fund.
 
Notice of Foreclosure Must Identify Lender or Complaint Risks Dismissal Top
A notice of intention to foreclose must identify the lender, not just the loan servicer, or the foreclosure complaint may be dismissed without prejudice, a state appeals court rules.
 
Law Firm Can't Blame Bank for Loss on Foreign Client's Counterfeit Check Top
A collections firm that lost nearly $100,000 in a phony-check scam will not be able to recoup the money from its own bank, a Superior Court judge rules.
 
'Home Alone' Bungle Did Not Rise To Level of Child Neglect, Court Says Top
A woman who inadvertently left her 4-year-old son in an empty house while she went out to dinner may not have been a model parent, but neither did she deserve to be pilloried on the state Child Abuse Registry, the New Jersey Supreme Court rules.
 
No Retroactive Ban on Data Drawn From Uncounseled Polygraph Tests Top
A Supreme Court ban on admission of polygraph evidence based on ncounseled stipulations is not retroactive, a state appeals court rules.
 
Lawyer Indicted in Extortion Plot Tied to Fake IRS Probe Top
A Metuchen lawyer stands accused of trying to bilk four real estate investors out of thousands of dollars in legal fees by fabricating a story about a criminal investigation against them.
 
ABA Panel Suggests Attorney Discipline Be Wrested From District Committees Top
An American Bar Association panel is recommending an overhaul of New Jersey's attorney disciplinary system, suggesting first and foremost that the functions now handled by the district ethics committees be assumed by the Office of Attorney Ethics.
 
Superior Court Backlogs Swell, in Part Fueled by Steady Rise in Mass Torts Top
State trial case backlogs increased in court year 2011, continuing a five-year upward swing despite a corresponding drop in new filings.
 
Perskie Censured for Bench Conflict But Cleared of Lying to Senate Panel Top
The state Supreme Court censures retired Judge Steven Perskie for not disqualifying himself from a case involving a party with whom he had a business relationship, but finds no evidence he misled a state Senate committee about it.
 
Insanity-First Bifurcated Trials Unfair, Court Rules in Overturning Precedent Top
A state appeals court abandons the longstanding rule that an insanity defense in a criminal case requires a separate trial before substantive defenses can be raised.
 
Circuit Says 'No Harm, No Standing' To Doctors' Challenge to ObamaCare Top
A federal appeals court finds that that doctors challenging President Obama's health care plan have suffered no injury, and so lack standing to sue.
 
State Appeals Court Allows Challenge To Consumer-Sale Arbitration Clauses Top
Despite a recent U.S. Supreme Court decision, binding arbitration clauses in consumer contracts that bar class-action suits still may be subject to challenge — if they are poorly worded and contain contradictory language, a state appeals court holds.
 
Challenge to Bergen County Hospital's Privatization Is Ruled Time-Barred Top
A citizen watchdog coalition was too late in suing Bergen County over an agreement allowing a private firm to run a public hospital — even though it had ample opportunity to file earlier, the Appellate Division said on Wednesday.
 
Obituary: Albert Jeffers, Advocate for Lawyers With Addiction Problems, Dead at 83 Top
Albert Jeffers Jr., a Morristown lawyer devoted to providing assistance for attorneys recovering from substance abuse problems, died July 30 at Hunterdon Medical Center. He was 83.
 
Throat-Slashed Victim's Declaration to Police Is Admissible as Nontestimonial Top
A seriously wounded robbery victim's initial utterance to responding police is properly admissible at trial, a state appeals court holds.
 
Suits Over Heart, Skin-Graft Products Are Assigned for Centralized Handling Top
The state Supreme Court has designated suits over Plavix, an anti-clotting medication intended to prevent heart attacks and strokes, and AlloDerm, a surgical mesh used in skin grafts, for centralized case management.
 
NALP and ABA Clash Over Jobs Data Top
A bitter turf war has broken out between the National Association for Law Placement and the American Bar Association over the collection of law school postgraduate employment data.
 

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