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Friday, November 18, 2011

Y! Alert: NJLJ.com


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Surrogate Denies Running Fundraiser Flouted Ethics Rule Top
A surrogate judge who honchoed a $100-a-plate fundraising event for a New Jersey Assembly hopeful denies that he violated judicial ethics canons in the process.
 
Lawyers Arrested For Evading Limits On Bank Deposits Top
Two New Jersey lawyers are arrested and charged with circumventing bank reporting requirements by breaking down $354,000 in client funds into attorney trust account deposits of less than $10,000 each.
 
Bill Declares Hand-Held Cell Phone Use Reckless Driving, Increases Penalties Top
Pending legislation would make cell phone chatting behind the wheel a reckless-driving offense that carries drivers-license and insurance points, higher fines and possible imprisonment.
 
Proposal Would Make Possession of Small Amount of Pot a Civil Offense Top
A bill introduced Nov. 10 in Trenton would decriminalize and ease the penalties for simple possession of marijuana.
 
Trial Judge Was Too Quick Declaring Case Closed With Settlement Pending Top
A judge erred by refusing to reopen a case that was marked as settled before the parties had reached a full meeting of the minds, a state appeals court rules.
 
Court To Pass on Part-Time Judge's Side Career as Comedian and Actor Top
A part-time municipal judge who moonlights as a comedian is headed to the state Supreme Court to challenge a pair of advisory opinions disapproving of his extracurricular activities.
 
Constitutional Changes Proposed Amid Fight Over Judges' Pensions, Benefits Top
Consternation over the effect of this year's pension system overhaul on the state judiciary has prompted a pair of proposed constitutional amendments — one that would be to judges' liking, the other not so much.
 
Variance Denials Reversed Due to Conflict of Interest of City Attorney Top
A city attorney's failure to adequately screen his conflict of interest in a zoning case has led a state appeals court to void the city council's action denying the requested variances.
 
Propriety of Neglect Charges for Drug Use During Pregnancy Is Before Court Top
The state Supreme Court's docket will decide whether child abuse and neglect can be found based solely on the mother's drug use during pregnancy and the presence of cocaine in the newborn baby's system.
 
No Private Cause of Action for Debtors Under U.S. Mortgage-Relief Program Top
Mortgage lenders can't be sued privately for allegedly breaching their agreements under a mortgage-relief program designed to keep homeowners out of foreclosure, a bankruptcy judge rules.
 
State Ordered To Refund Taxes Paid by Madoff Victims on 'Phantom Income' Top
Investors in Bernard Madoff's Ponzi scheme are entitled to refunds on state taxes paid for gains that never existed, a New Jersey Tax Court judge holds.
 
Court Upholds Malpractice Judgment Against M.D. in Internal Bleeding Case Top
A state appeals court on Tuesday upheld a $2.387 million damages award against a doctor whose failure to treat a 14-year-old boy's internal bleeding, caused by a kick to his throat by his drunken mother, led to the boy's death.
 
Lawyer Who Didn't Know He Was Fired Can Collect for Work Done on the Case Top
A lawyer who continued working on a personal injury case without knowing he had been replaced by substitute counsel is entitled to fees from the eventual settlement, a state appeals court rules.
 
Whether Tax Sale Buyer Holds Lien Is Question for State Court, Circuit Says Top
The Third Circuit has turned to the state Supreme Court for help in deciding a case that could impact local governments' ability to raise money through tax sales.
 
GM Plant Rezoning in Linden Knocked Out Because of Hazy Public Notices Top
An appeals court overturns the rezoning of the General Motors plant in Linden because of deficient explanations in public notices.
 
Supreme Court Will Tackle Legality of Hike in Judges' Pension Contributions Top
The state Supreme Court has agreed to decide whether the state constitution was violated by a law that increased state judges' pension and health-benefit contributions without concomitantly increasing their salaries.
 
Justices Revisiting Extent To Which Puder Bars Legal Malpractice Suits Top
The perpetual quandary of whether and when a litigation party who agrees to a settlement can sue her lawyer for malpractice is again before the state Supreme Court.
 
Indicted N.J. Lawyer Arrested in Alabama, Apparently on the Lam Top
A Cherry Hill lawyer indicted on charges he pilfered $1 million from an elderly client is apprehended in Alabama after an apparent attempt to flee prosecution.
 
Occupy Trenton Wins Injunction Against Seizure of Belongings at Protest Site Top
A Mercer County judge has lifted some state-imposed restrictions on the Occupy Trenton protesters encamped at Veterans Park near the State House and ordered the return of belongings seized from them.
 
Flawed Peremptory Rulings on Race Prompt New Attempted Murder Trial Top
A state appeals court throws out an attempted murder conviction, finding the trial judge should have discharged the jury panel after a showing was made of race bias at voir dire.
 
Claim That Clients Bullied Him Softens Lawyer's Discipline for Case Neglect Top
A Newark lawyer who insisted he was bullied into filing a workers' compensation petition has been censured for abandoning the case and for not informing the client of his action.
 
Prior N.Y. DWIs Count at Sentencing in N.J. Because of Likeness in Laws Top
A DWI defendant was properly sentenced in New Jersey as a multiple offender based on decades-old drunken-driving convictions in New York, an appeals court rules.
 
Economic Damages Are Affirmed Though Plaintiff's Earnings Rose After Accident Top
The Appellate Division lets stand a $1.44 million award for economic damages from an auto accident even though the plaintiff's earnings climbed steadily after the crash.
 
Justices Ponder Duty To Advise About Guilty Plea's Deportation Consequence Top
The state Supreme Court on Wednesday continued to grapple with the effects of two rulings — one of its own and one by the U.S. Supreme Court — on what noncitizen criminal defendants need be told about immigration consequencs of pleading guilty.
 
Appellate Watch: Justices Weigh Abolishing Doctrine of Presumed Defamation Damages Top
The state Supreme Court hears arguments for and against upsetting the doctrine of presumed damages in defamation cases that involve private figures and interests.
 
Court Mulls Admissibility of Teen's IMs With Adult Males in Sex Assault Case Top
The state Supreme Court is considering whether a man convicted of sexually assaulting his girlfriend's daughter should have been allowed to introduce sexually explicit instant messages that the girl sent to other men.
 
SEC Enforcers Filed a Record Number Of Actions in Fiscal Year 2011 Top
The U.S. Securities and Exchange Commission's Enforcement Division filed an all-time high 735 actions and collected $2.8 billion in penalties in fiscal year 2011, the agency announces.
 

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