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Wednesday, December 7, 2011

Y! Alert: NJLJ.com


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Federal Judge Investigates Misuse of Pre-Trial Subpoenas by U.S. Attorney Top
Federal prosecutors repeatedly violated a criminal procedure rule by serving pre-trial subpoenas on various third-parties in a bribery case without obtaining a court order as required, a federal judge rules.
 
Class Suit Alleges Fraud in Advertising Of Colgate-Palmolive Antibacterial Soap Top
A putative class action claims Colgate-Palmolive's antibacterial liquid hand soap has a dirty little secret: It's not a better germ killer than ordinary soap.
 
Reprimand Urged for Lawyer Drawn Blindly Into Mortgage-Rescue Fraud Top
A lawyer who misappropriated $12,000 in a sham transaction staged by a fraudulent mortgage-rescue company faces only a reprimand, despite the fact that the company?s principals have pleaded guilty to criminal charges.
 
End of Prosecution Triggers Period for Notice of Claim Against Public Defender Top
The Supreme Court holds that a person convicted of a crime is exonerated not upon the reversal of a conviction but only when the door is shut on further prosecution for the crime.
 
Assembly Gives Trade Secrets Act Final Legislative Approval Top
The state Assembly gives final legislative approval to a law creating a civil action in New Jersey for the misappropriation of trade secret.
 
NFL Former Players Sue Over Concussive Injuries, Misuse of Pain Drug Top
A dozen former pro players are suing the National Football League, claiming a flawed policy on concussions, coupled with league misuse of the anti-inflammatory drug Toradol, ultimately caused them long-term brain injuries.
 
High Court To Decide Child-Porn Defendant's Access to Evidence Top
The state Supreme Court has agreed to decide whether a man facing child-pornography charges should be allowed unfettered access to the evidence against him — as was a prominent legislator in a similar prosecution.
 
OPRA Requires Disclosure of Contracts For Use of Meadowlands IZOD Center Top
The N.J. Sports and Exposition Authority's bookings of entertainment and social events at the state-owned IZOD Center are government contracts open to public scrutiny, a state appeals court rules in a case of first impression in the state.
 
Local Resistance Mounts To Siting of Medical Marijuana Treatment Centers Top
Nearly a year after the state's Compassionate Use Medical Marijuana Act was adopted to wide public acclaim, local acceptance is proving hard to come by.
 
Defamation Plaintiffs Argue for Making Jurors Sole Arbiters of Actual Malice Top
The state Supreme Court heard arguments Tuesday on whether a newspaper editor's state of mind in writing a purportedly defamatory headline should have been a jury question.
 
Candidates Named for Judgeships in Morris, Gloucester Top
Gov. Chris Christie gives notice of his intention to nominate a Republican from Morris County and a Democrat from Gloucester County as Superior Court judges.
 
Disbarment for Trust-Fund Invasions Sought for Federal Judge's Husband Top
Despite a Disciplinary Review Board recommendation of leniency, the Office of Attorney Ethics asks the state Supreme Court to disbar Red Bank solo Kevin Wigenton, the husband of a federal judge, for his admitted misappropriation of client trust funds.
 
Assembly Panel Approves Bill Voiding Driver Defense to Breath-Test Refusal Top
An Assembly committee clears a bill that would rid drunken-driving laws of a longstanding defense to a charge of refusing to submit to blood-alcohol testing, despite due process concerns raised by some lawyers.
 
Civil Cause of Action for Stalking Approved by Assembly Committee Top
The Assembly Judiciary Committee unanimously recommends passage of a law that would create a civil cause of action for victims of stalking.
 
Utility Asks Relief From Law Requiring PD Arbitration of Small Damage Claims Top
A lawyer for Jersey Central Power & Light Co. asks the state Supreme Court to strike down a statutory requirement that disputes involving damaged underground infrastructure be subject to arbitration by an arm of the Public Defender's Office.
 
Court Considers if 'Fortnight Rule' on Questioning Resumption Is Retroactive Top
The state Supreme Court hears arguments on whether last year's the U.S. Supreme Court ruling — that a 14-day break in custody is sufficient to allow resumption of questioning of a suspect — should be applied retroactively.
 
Affidavit of Merit Is Excused Due to Defendant Doctor's 'Gamesmanship' Top
A Hunterdon County judge has refused to throw out a medical malpractice claim for failure to provide an affidavit of merit where the defendant withheld key medical records until the day before the plaintiff's affidavit was due.
 
Privacy Case Focuses U.S. Justices on The Meaning of 'Actual Damages' Top
In a case watched closely by privacy and whistleblower advocates, lawyers for an HIV-positive pilot and the federal government clashed in the U.S. Supreme Court over whether damages for mental and emotional distress can be recovered for violations of the Privacy Act.
 
Survey Reveals Widespread Cuts to State Court Budgets Top
Deep state court budget cuts are hurting access to justice, according to a recent survey issued by the National Center for State Courts.
 
Judge Off Base in Imposing Sanction For Motion Filed While Ban in Place Top
Finding a mistaken exercise of discretion, an appeals court reverses a $2,500 sanction under a lawyer accused of defying a motion-practice moratorium.
 

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