NEW LEADERS OF THE BAR COMPETITION OPEN – Nominate an attorney under 40 years of age for our annual focus on
rising stars in the New Jersey legal profession. Download the nomination form here. Deadline for submission is July 1, 2013.
Bar Candidate Quits N.Y. Job To Satisfy N.J. Practice Bylaw
Thomas Prol, a candidate for State Bar office, announces he's quitting his New York job to comply with a bylaw requiring leaders to practice mainly in New Jersey.
Pro Bono Work Proposed as Condition for Bar Admission
A Supreme Court panel is proposing that candidates for New Jersey bar admission complete 50 hours of volunteer legal work as a prerequisite.
Employment Lawyer From N.J. Is Newest EEOC Commissioner
Jenny Yang, a civil rights and employment lawyer hailing from New Jersey, was sworn in Monday to the U.S. Equal Employment Opportunity Commission, returning it to full strength after a yearlong vacancy.
No Crime-Fraud Exception to Marital Privilege, Court Finds
The marital privilege prevents prosecutors from introducing interspousal cell-phone calls and text messages in the trial of an accused drug kingpin, a New Jersey appeals court held on Tuesday in a precedential decision.
Public-Defender Intake-Form Data Subject to Grand Jury Subpoena
A New Jersey Supreme Court holding will make it easier for the state to prosecute those who fib about their finances to qualify for a public defender.
Public Defender Goes to Court To Halt Gloucester Jail Closure
The Public Defender's Office is seeking to block closure of the Gloucester County jail, claiming transfer of inmates to far-away counties would violate their right to counsel. In a civil suit, the office argues the plan would restrict the ability of lawyers to confer with their clients, diminishing the quality of defense.
Passenger's Lack of Seat Belt Is Of No Bearing in Homicide Case
A fatal car crash victim's failure to wear a seat belt is irrelevant in a vehicular homicide case, which requires proof only that the accident would have been avoided had defendant not driven as he did, the state Supreme Court ruled Wednesday.
Judge Denies OPRA Request for Depositions in ExxonMobil Case
Drinker Biddle & Reath has lost a nearly five-year-long battle to obtain deposition transcripts from an environmental suit against ExxonMobil for use in defending its own clients in other litigation.
Yale University Files Federal Suit Against Alleged Misuser of Name
Yale University has sent an unwanted namesake a stinging letter of rejection — in the form of a lawsuit. The school alleges in federal court that Yale Academy, a college counseling and SAT preparatory service, engaged in trademark infringement, cybersquatting and consumer fraud by using Bulldogs blue and white on its website and otherwise suggesting an affiliation.
ALM Launches 14 Mobile-Friendly Web Sites
ALM, a leading provider of news and business information to the legal and real estate industries, has announced the launch of mobile-optimized versions for its family of 14 national and regional legal publications in the U.S.
This Week in Print
Editor's Picks
Litigation Departments of the Year
The Law Journal's first annual ratings of law firm litigation departments in New Jersey.
New Leaders of the Bar
The Law Journal features 50 lawyers emblematic of the next wave of leadership of the New Jersey bar, based on their achievements so far.
New Partners Yearbook 2013
Results of the Law Journal's cyclical survey of practitioners about the judges of the Superior Court trial divisions, with scores, rankings and biographies.
The Bar Report
This regular feature is devoted to news by and about the New Jersey State Bar Association.
Columns & Features
People in the News
Unapproved Opinions
Opinions not approved for publication.
New Jersey Division of Youth and Family Services v. L.M.
The judgment of guardianship terminating parental rights is affirmed as to two children but vacated as to the third child.
Approved Opinions
Opinions approved for publication.
State v. Buckley
Defendant's proffered evidence regarding the decedent's failure to use a seat belt and the location of the utility pole the car struck is inadmissible on "but for" causation under N.J.S.A. 2C:2-3(a)(1) and on defendant's awareness of the risk under 2C:2-3(c).
State v. Terry
The state does not require a "special need" to intercept cellphone conversations between husband and wife under the Wiretap Act.
In the Matter of Subpoena Duces Tecum on Custodian of Records
The state's subpoena seeking defendant's UDIR was properly quashed because Directive 1-06 provides that information in a UDIR will not be used in grand jury proceedings or at trial; the directive is modified to permit future disclosure under specified conditions.
Drinker Biddle & Reath v. New Jersey Department of Environmental Protection
The unfiled discovery that plaintiff seeks is exempt from public disclosure under N.J.S.A. 47:1A-9b, and its common-law right-of-access claim is denied because the state's interests in confidentiality outweigh plaintiff's interest in disclosure.
Northgate Condominium Association Inc. v. Borough of Hillsdale Planning Board
The developer's notice of public hearings using incorrect lot numbers did not deprive the planning board of jurisdiction to decide its conditional-use application.
National Amusements Inc. v. Borough of Palmyra
A party may not recover attorney fees under § 1988 for interim relief when a district court ultimately dismisses the party's § 1983 claims on the merits.
Dan's City Used Cars Inc. v. Pelkey
Federal Aviation Administration Authorization Act § 14501(c)(1) does not pre-empt state-law claims stemming from the storage and disposal of a towed vehicle.
Departments
More Cases
- Bullock v. BankChampaign, N.A.
Tuesday, May 14, 2013 - Bowman v. Monsanto Co.
Tuesday, May 14, 2013 - State v. Perry
Tuesday, May 14, 2013 - Unapproved Opinions
Thursday, May 9, 2013 - Approved Opinions
Thursday, May 9, 2013 - Reese v. Weis
Thursday, May 9, 2013 - Winstock v. Galasso
Wednesday, May 8, 2013 - B.C. v. T.G.
Wednesday, May 8, 2013 - Approved Opinions
Thursday, May 2, 2013 - Unapproved Opinions
Thursday, May 2, 2013
This Week in Law Journal History
Law Journal stories over the centuries.
Inadmissible
Short takes on lawyers, firms and judges.
Winners and Losers
The title says it all.
On The Move
Announcements about lawyers, firms and judges.
Suits and Deals
Large settlements and verdicts in New Jersey.
Calendar
Calendar of events
After Hours
Extracurricular Activities.
Mergers and Acquisitions
New Jersey Mergers & Acquisitions.
Association Installs New Slate of Officers
Ralph J. Lamparello is set to take the stage as one of the highest profile positions in the New Jersey legal community as president of the 18,000-member New Jersey State Bar Association.
Opinions
More Columns
- This Week in Law Journal History
Friday, May 10, 2013 - Winners and Losers
Friday, May 10, 2013 - Inadmissible
Friday, May 10, 2013 - After Hours
Friday, May 10, 2013 - On The Move
Friday, May 10, 2013 - Suits and Deals
Friday, May 10, 2013 - Mergers and Acquisitions
Friday, May 10, 2013 - NJSBA 2013 Election Results
Friday, May 10, 2013 - Thousands of Attorneys and Judges Gather in Atlantic City
Friday, May 10, 2013 - Excellence in Leadership
Friday, May 10, 2013 - The Bar Report
Friday, May 10, 2013 - Calendar
Thursday, May 9, 2013 - Review: LexisNexis Concordance Evolution
Thursday, May 9, 2013 - Sophisticated Graphics for Law Departments
Thursday, May 9, 2013 - Verdict Search
Thursday, May 9, 2013 - This Week in Law Journal History
Friday, May 3, 2013
Selecting Non-Neutral Arbitrators in a Multiparty Dispute
In some cases, parties elect a process in which they agree to the selection of two "non-neutral arbitrators" who together select a "neutral arbitrator." The notion of a non-neutral arbitrator is often deemed offensive, particularly in international arbitrations. An additional complication arises when the arbitration agreement calls for the appointment of non-neutral arbitrators in cases where there are multiple parties. This article explores that situation,
Can Sanctions Be Applied for Bad Faith in Court-Ordered Mediation?
A court can require a party to appear at a mediation session, but the court cannot force a party to settle or even to make a settlement offer. And courts have not developed any clear standards for evaluating good faith in court-ordered mediation. However, do not conclude that the court will let a party get away with virtually anything in court-ordered mediation. Here are 10 "rules" that, when broken, have led to sanctions.
What Neuroscience Can Teach Us About Settlement Negotiations
There is much that the latest developments in neuroscience can teach legal professionals about negotiations. This is particularly true when it comes to how people process information and make decisions. Mediators and lawyers alike can benefit particularly from what neuroscientists have revealed about priming and framing, two potent filtering mechanisms that can either inflame the emotional barriers to settlement or potentially defuse them.
The Reality of Virtual ADR
The Internet is having a profound effect on the development of the alternative dispute resolution (ADR) process. It is used as a means for the resolution of conflict both directly, through the Uniform Domain-Name Dispute-Resolution Policy process, and indirectly, by offering traditional ADR process opportunities to remote parties. This article explores the pros and cons of these developments.
Mediation Communications Are Protected, to a Point
In order to encourage candor in mediation proceedings, New Jersey has adopted a broad and robust mediation privilege that protects against the disclosure of mediation communications in later legal proceedings. However, the privilege is not absolute and can be waived, so it is important for practitioners to understand how the privilege operates, how the privilege can be waived and what steps can be taken to prevent the disclosure of mediation communications.
Employment Mediation and Bullies
in workplaces, bullies are often applauded and rewarded, especially when their behaviors are seen to have increased output. Times, however, are slowly changing. In some workplaces, they are considering whether mediation should be part of a cure for bullying. This article addresses the pros and cons of this idea.
DEP's Inspection of Residential Property
On March 4, the N.J. Supreme Court upheld the right of an inspector from the Department of Environmental Protection (DEP)to conduct a warrantless search of residential property, to determine whether a permit had been violated. The decision may settle an issue for environmental and land-use lawyers, but the reality is that very few homeowners would bar the door when a DEP inspector knocks.
Jersey Jumps on the 'Ban-the-Box' Wagon
The Opportunity to Compete Act, introduced in the N.J. Senate on on Feb. 21, is the latest of a series of reforms that aim to reduce barriers faced by ex-offenders attempting to re-enter the workforce. The act would prohibit potential employers from asking about criminal convictions on employment applications, and by otherwise regulating the use of criminal-history information.
Identifying Unnamed Online Speakers Just Got Easier
Since the N.J. Supreme Court decided Dendrite v. Doe in 2001, the number of lawsuits designed to identify anonymous Internet speakers has declined. Recently, however, the Appellate Division, in Warren Hospital v. John Does, has limited the application of Dendrite, making it easier to pierce the anonymity of certain online speakers. The Warren Hospital ruling will have ramifications beyond New Jersey.
Due Diligence Is More Difficult Under N.J. Site Remediation and Reform Act
Prior to the Site Remediation Reform Act (May 7, 2012), the ability to conduct OPRA reviews of NJDEP files meant that private parties had access to all environmental information pertaining to a site which was then available, thereby making the due diligence process relatively seamless and straightforward. Under the new system, this is no longer the case.
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Other Stories From the Newswire
Decisions of Interest
-
CRIMINAL LAW
In the Matter of Subpoena Duces Tecum on Custodian of Records -
CRIMINAL LAW — Evidence
State v. Terry -
LAND USE AND PLANNING
Northgate Condominium Association Inc. v. Borough of Hillsdale Planning Board
What's Coming
- CIVIL PROCEDURE
What to do when your N.J. Superior Court case is “removed” to federal court
- INTELLECTUAL PROPERTY
The U.S. Supreme Court considers whether human genes are patentable
Practice of Law
