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.
Loaner Judges Helping Essex Cope With Persistent Vacancies
Essex County, besieged with the highest judicial vacancies in the state, is getting by with a little help from nine judges borrowed from other counties and eight retired judges on recall status.
Surrogate Faces Suspension for Political Activity, Drunken Driving
Atlantic County Surrogate James Curcio faced a judicial ethics panel Wednesday on charges he engaged in improper political activity and drove while drunk. Curcio has admitted the ethics violations, and the only question for the Advisory Committee on Judicial Conduct is the quantum of discipline to be imposed.
Abuse-of-Process Claim Falters In Porn-Film Infringement Suit
A New Jersey man fighting back against a pornographic film company's copyright infringement claims lost an initial round Wednesday, but he's not out of court yet.
Circuit Voids $3 Million Judgment Against Girls Gone Wild Producer
A federal appeals court has vacated a New Jersey woman's $3 million judgment against "Girls Gone Wild" franchise founder Joseph Francis and related entities, finding the district court's assertion of jurisdiction was a stretch.
Judge Says Boston Bombings Had No Effect on Terrorist Sentences
Two men convicted of terrorist plots have lost their argument that being sentenced the same day as the Boston Marathon bombings may have worked against them.
Wall Street Ferry Crash Draws More Than $75 Million in Claims
Passengers of a commuter ferry that struck a Manhattan dock on Jan. 9, along with their spouses, have come forward with damages claims totaling more than $75 million.
Ex-Rutgers Quarterback Can Press Claim Over Video Game
In a case of first impression, a split panel of the U.S. Court of Appeals for the Third Circuit has restored a cause of action by a former college football player who says his likeness has been appropriated without his consent for use in a video game.
Survey: Firm Leaders Admit Downturn's Permanent Impact
In a new survey from legal consultancy Altman Weil, law firm leaders acknowledge that recession-driven changes to their pricing practices and their clients' expectations that work be done efficiently are likely here to stay. At the same time, most survey respondents say they have been slow to alter their long-term strategies to address those changes.
Appellate Division To Roll Out Electronic Case Filing System
The Appellate Division is readying an electronic filing system for appeals and motions, to be available to public attorneys next month and to all attorneys by the fall. 'eDATA' will allow initiating appeals and submitting motions and associated documents from any computer with Internet access.
Court Limits Liability for Injury Or Death of One Invited To Help
A person who asks another for help in a potentially violent situation may not necessarily be held liable for the helper's injury or death, the state Supreme Court rules.
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
Most Viewed
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
Workplace Bullying: Managing The Organizational Playground
Workplace bullying is a pervasive problem that often precipitates harassment and discrimination claims and, in more extreme cases, workplace violence. It can expose employers to significant legal risk and damage both productivity and employee morale. This article offers suggestions for preventing and addressing workplace bullying.
Ten Devices You Should Never Take Along on a Business Trip
Travel-savvy attorneys hit the road with only the minimum number of devices necessary to complete their work quickly and effectively. Everything else stays at home. To reduce your travel burden, and to save time at check-in and security points, think twice before stuffing these 10 devices into your briefcase, suitcase or pocket.
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.
Opinions
More Columns
- Judges Chime In on Proposed E-Discovery Amendments
Wednesday, May 15, 2013 - Women Lawyers Must Also 'Lean In' to Realize Their Career Dreams
Wednesday, May 15, 2013 - 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
What To Do When Your Case Is 'Removed' to Federal Court
Many New Jersey litigators practice primarily in the Superior Court and rarely choose to be in a federal district court. Sometimes, however, the choice is not theirs to make, and even seasoned state court litigators can get surprised when the case they filed gets removed to a federal district court.
Are Human Genes Patentable?
At oral argument in Ass'n for Molecular Pathology v. Myriad Genetics, the U.S. Supreme Court grappled with the question of whether human genes are patentable. Justice Stephen Breyer seemed to capture the justices' sentiment: "The patent law is filled with uneasy compromises." How the justices decide this case will affect the future work of the U.S. Patent and Trademark Office and shape the path of genetic research.
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.
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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
