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.
Summer Programs Still in a Drought
Summer hiring at New Jersey firms fell off in 2013, exhibiting no signs of a rebound from the stagnancy of the last four years.
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.
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.
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.
Municipal Judge Who Represented Town's Mayor Is Given Reprimand
Former Montville municipal judge Seth Davenport was publicly reprimanded by the Supreme Court Thursday for doing legal work for the town's mayor during his time on the bench.
Lawyer Left Without Coverage for Alleged Malpractice at Prior Firm
A federal appeals court rules that a law firm malpractice policy's prior-firm endorsement added to cover a new attorney was trumped by another clause — the inter-related wrongful act provision, under which claims arising from the same legal services are deemed the same claim.
Court Limits Liability for Injury Or Death of One Invited To Help
Danger may invite rescue, but 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.
Court Urges Bouncing of Counsel To Avoid Untoward Trial Delays
Judges should do more to enforce a court rule that lets them disregard a designation of trial counsel if that lawyer's unavailability will cause unacceptable delays, a state appeals court says.
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.
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.
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
- Circuit Voids $3 Million Judgment Against Girls Gone Wild Producer
- Appellate Division To Roll Out Electronic Case Filing System
- Bar Candidate Quits N.Y. Job To Satisfy N.J. Practice Bylaw
- Court Limits Liability for Injury Or Death of One Invited To Help
- Loaner Judges Helping Essex Cope With Persistent Vacancies
Unapproved Opinions
Opinions not approved for publication.
Approved Opinions
Opinions approved for publication.
Hart v. Electronic Arts Inc.
The NCAA Football video games do not sufficiently transform Ryan Hart's identity to escape his right-of-publicity claim.
In re Curry
The purchaser of a tax-sale certificate holds a "tax claim" pursuant to § 511 of the bankruptcy code and is entitled to the interest rate on that claim as provided under applicable nonbankruptcy law.
In the Matter of the Estate of Thomas
Summary dismissal of a complaint seeking a declaratory judgment that plaintiff is decedent's child and sole heir and vacation of the grant of letters of administration is reversed.
In re Berley Associates Ltd.
The transfer of title to defendant in a pre-petition tax sale and foreclosure context may constitute a fraudulent conveyance under 11 U.S.C. § 548(a)(1)(B) and an avoidable preference under 11 U.S.C. § 547(b).
Sebelius v. Cloer
An untimely petition for compensation under the National Childhood Vaccine Injury Act may qualify for an award of attorney fees if it is filed in good faith and there is a reasonable basis for its claim.
PPL Corp. v. Commissioner of Internal Revenue
United Kingdom's windfall tax on privatized companies is creditable against U.S. income taxes under Internal Revenue Code § 901(b)(1).
City of Arlington, Texas v. Federal Communications Commission
The Chevron doctrine — under which courts defer to the administering agency's construction of a statute so long as it is permissible — must be applied to an agency's interpretation of a statutory ambiguity that concerns the scope of the agency's statutory authority, i.e., its jurisdiction.
Metrish v. Lancaster
The Michigan Court of Appeals' rejection of respondent's due process claim, by applying retroactively a state Supreme Court holding that the diminished-capacity defense was not encompassed within the Legislature's comprehensive scheme for mental-illness defenses, was not an unreasonable application of clearly established federal law.
Departments
More Cases
- State v. Reininger
Thursday, May 23, 2013 - DuHammell v. Renal Care Group East Inc.
Thursday, May 23, 2013 - Estate of Desir v. Vertus
Thursday, May 23, 2013 - State v. A.R.
Thursday, May 23, 2013 - Unapproved Opinions
Thursday, May 16, 2013 - New Jersey Division of Youth and Family Services v. L.M.
Thursday, May 16, 2013 - Approved Opinions
Thursday, May 16, 2013 - State v. Buckley
Thursday, May 16, 2013 - State v. Terry
Wednesday, May 15, 2013 - In the Matter of Subpoena Duces Tecum on Custodian of Records
Wednesday, May 15, 2013
Inadmissible
Short takes on lawyers, firms and judges.
Mergers and Acquisitions
New Jersey Mergers and Acquisitions.
Suits and Deals
Large verdicts and settlements in New Jersey.
After Hours
Extracurricular Activities.
On The Move
Announcements about lawyers, firms and judges.
Calendar
Calendar of events.
Verdict Search
Verdicts and settlements in New Jersey state and federal courts.
Nominations Sought for Daniel J. O'Hern Professionalism Award
The New Jersey Commission on Professionalism in the Law is soliciting nominations for the 2013 Daniel J. O'Hern Award.
Board of Trustees Round-Up
A round-up of action from the Board of Trustees.
Opinions
More Columns
- This Week in Law Journal History
Friday, May 17, 2013 - Inadmissible
Friday, May 17, 2013 - Winners and Losers
Friday, May 17, 2013 - On The Move
Friday, May 17, 2013 - Suits and Deals
Friday, May 17, 2013 - Calendar
Friday, May 17, 2013 - After Hours
Friday, May 17, 2013 - Mergers and Acquisitions
Friday, May 17, 2013 - Capitol Report
Friday, May 17, 2013 - Quotes, Comments and Insights from the 2013 NJSBA Annual Meeting and Convention
Friday, May 17, 2013 - Accomplishments of Several Attorneys Recognized by Their Peers
Friday, May 17, 2013 - The Bar Report
Friday, May 17, 2013 - Association Installs New Slate of Officers
Friday, May 17, 2013 - Verdict Search
Thursday, May 16, 2013 - 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
The Broken Briefcase: A Symbol Of Hard Work and Commitment
One young attormey's reflections on the challenges and struggles — but also the joys and ultimate rewards — of building his own practice.
Some Firms Try an Alternative To On-Campus Interviews
One large firm created a buzz when it announced it was abandoning the on-campus interview model to recruit summer associates. Instead, the firm hosted spring cocktail receptions for students at six top law schools, where first-year students mingled with the firm's attorneys. The experiment was a success, but this approach might not be right for every firm.
What Lawyers Aren't Learning, and Why It Matters
Legal marketing is not a requisite component of the law school curriculum and it's certainly not anything conventionally and meaningfully addressed in summer associate programming. We need to address the gap in the lawyer production line: We are manufacturing technical specialists in a world that puts a lot more emphasis on business savvy.
Using Lessons From Your Education To Build a Legal Career
From the authors' point of view as administrators on either end of the law school experience, it is clear that many of the attributes sought by law school admissions committees are akin to those sought by prospective employers. They counsel students and attorneys to consider how the "soft skills" they relied on to gain entry to law school will serve them equally well as job seekers.
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.
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Other Stories From the Newswire
Decisions of Interest
-
TORTS — Negligence — Premises Liability
Estate of Desir v. Vertus -
CRIMINAL LAW
State v. Reininger -
TRUSTS AND ESTATES
In the Matter of the Estate of Thomas
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
