NJLJ.com http://www.law.com/jsp/nj/index.jsp Updated daily en-us 22 May 2012 10:05:06 -0400 Copyright 2009. Incisive Media US Properties, LLC. All rights reserved. http://www.law.com/service/terms_conditions.shtml NJLJ.com http://www.law.com/img/nj/alert/nj_rss.gif http://www.law.com/jsp/nj/index.jsp No Ethics Flub in Representing PIP Plaintiff, Medical Provider An ethics panel says a lawyer who represents an injured motorist and a medical provider in a Personal Injury Protection arbitration may have a conflict but stops short of calling it improper. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202555510660&rss=nj 1202555510660 Bill Would Allow Instant Appeal Of Class-Action Determinations A measure that would make a trial judge's decision on class-action status appealable immediately, rather than having to wait until a final judgment, wins a state Assembly panel's approval. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202555503341&rss=nj 1202555503341 Pot Decriminalization Measure Gains Ground in N.J. Assembly A bill that would decriminalize possession of marijuana in small amounts is advancing in the New Jersey Legislature with bipartisan support. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202555495838&rss=nj 1202555495838 Senate Juduciary Panel Assents To 17 Judges for Reappointment The Senate Judiciary Committee on unanimously approves for reappointment 17 sitting judges whose initial seven-year terms are nearing an end. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202555507675&rss=nj 1202555507675 Common-Interest Doctrine Held Part of Work Product Privilege Lawyers in New Jersey who compare notes about their clients' suits against a common adversary do not forfeit the work product privilege just because one represents a public entity, a state court says. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202555480104&rss=nj 1202555480104 Firm Awarded $2.3M Fee for Work in Eating-Disorder Case Nagel Rice is awarded $2.3 million in fees and expenses for its work toward a $1.18 million settlement over insurance coverage for eating-disorder treatments. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202554144210&rss=nj 1202554144210 Presumed-Damages Doctrine Upheld in Defamation Cases The New Jersey Supreme Court affirms the doctrine allowing plaintiffs to pursue defamation claims without having to prove actual harm to their reputations, though recovery will be nominal. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202554142015&rss=nj 1202554142015 Walmart Sued Over P.A. Announcement Telling Black Shoppers To Leave Store Walmart is being sued by a shopper who claims he suffered emotional distress from a rogue public address announcement at one of its New Jersey stores. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202553585386&rss=nj 1202553585386 Children's Interests Trump Charging Lien in Divorce Case A family court judge acted properly in using most of the monies available for equitable distribution to set up a college fund for the children, even though it left lawyers unable to collect their fees, an appeals court holds. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202553579842&rss=nj 1202553579842 War-Zone Contractors' Workers Sue Insurer Over Coverage Gaps Defense contractors' employees who worked in Iraq and Afghanistan are suing Prudential Insurance, alleging it sold policies without disclosing that war-zone deaths and injuries were not covered. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202554406898&rss=nj 1202554406898 Utility Liable for Placing Pole Without Consideration of Danger of Location Utility companies that locate their poles without considering whether they are in dangerous spots can be held liable for resulting injuries, the New Jersey Supreme Court rules. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202553587353&rss=nj 1202553587353 Chief District Judge Lauds Progress, Warns of Impending Budgetary Crisis Full text of Chief Judge Jerome B. Simandle's State of the District of New Jersey address, given at the State Bar Association annual meeting in Atlantic City on May 18. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202555038575&rss=nj 1202555038575 Wiretapping Outside N.J. Legal If the Listener Is in the State A New Jersey statute allowing law enforcement officers to tap conversations between people outside the state is not unconstitutional, provided the listening post in located here, the Appellate Division rules. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202554408617&rss=nj 1202554408617 Christie Makes Nominations to Superior Court in Five Counties Gov. Chris Christie nominates seven attorneys to the Superior Court bench — three for Hudson County and one each for Monmouth, Morris, Passaic and Union counties. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202554424759&rss=nj 1202554424759 Bills Calling for Automatic Expungement in Certain Cases Advance in Assembly The Assembly Judiciary Committee approves bills that would allow automatic expungements for drug court graduates and other defendants in defined circumstances. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202553587395&rss=nj 1202553587395 Shifting Burden of Proof Held To Apply in Valuing Secured Claims in Bankruptcy A debtor has the initial burden to overcome the presumption of validity of a secured claim, and then the burden shifts to the creditor, the Third Circuit rules. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202554149280&rss=nj 1202554149280 Appeals Court Gives Longer Span to Pay-to-Play Act's Ineligibility Period Sharpening the teeth of New Jersey's "pay to play" law, a state appeals court on Tuesday approved a harsher interpretation of the statutory time bar on receiving public contracts after making sizable political contributions. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202553738675&rss=nj 1202553738675 Court Probes Propriety of Interrogator Excusing Juvenile's Parent From Room The New Jersey Supreme Court is considering whether tougher rules are needed to ensure parents are not improperly excluded when their children are being questioned as criminal suspects. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202553712945&rss=nj 1202553712945 Senate Committee Gives Nod to Gift Card Escheat Law Repealer A New Jersey Senate committee approves a bill that would repeal a statutory provision that presently allows the state to escheat the monetary value from unused gift cards. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202554426440&rss=nj 1202554426440 Senate Panel OKs Bill Legalizing Gestational Carrier Agreements A New Jersey Senate committee recommends passage of legislation legalizing a form of contract by which a "gestational carrier" agrees to carry and bear a child while ceding parental rights to those who hired her. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202554399090&rss=nj 1202554399090 Court Outlaws Selective Use of Judges' Praise in Lawyer Ads A new guideline from the Committee on Attorney Advertising bars N.J. lawyers from using favorable quotes or excerpts about themselves in court opinions to advertise their services. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202555114359&rss=nj 1202555114359 Consumer Has No Standing To Sue Schering for Off-Label Drug Uses A woman who was prescribed medications for off-label uses doesn't have standing to sue the drug company that marketed them, the U.S. Court of Appeals for the Third Circuit says. http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202555145283&rss=nj 1202555145283