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lawyers fees from medicare set-aside accounts

LAWYER IN PERSONAL INJURY SUIT CAN DRAW HIS FEE FROM MEDICARE TRUST

Is a lawyer entitled to draw her fee from a medicare set-aside account? Here’s what one Superior Court judge had to say…

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are legal services lawyers granted charitable immunity from NJ legal malpractice

NJ Legal Services not Protected from Suit by Charitable Immunity Doctrine

Should NJ legal services and their attorneys be protected from legal malpractice suits by the Doctrine of Charitable Immunity? In this case of first impression, here is what an Essex County Superior Court judge decided…

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destruction of police officers notes

WIELDING EVIDENTIARY BLUDGEON, COURT ENJOINS POLICE DESTRUCTION OF NOTES

“The state Supreme Court on Wednesday put law enforcement on notice to stop destroying notes taken during an investigation, lest criminal juries be told they may draw negative conclusions from such an action.”

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high fees for public records

REQUESTER OVERCHARGED FOR COPIES IS ENTITLED TO LAWYERS’ FEES UNDER OPRA

The N.J. Law Journal reports: The plaintiff who prompted a seminal ruling that reduced the cost of government records to a nickel per page is a prevailing party entitled to legal fees under the Open Public Records Act, a state appeals court held on Monday. The judges, in Smith v. Hudson County Register , A-4113-09, […]

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angry judge

What Constitutes Adequate Notice by Judge for Attorney to Appear in Court?

“One day before the return date of a motion, at about 4:00 p.m., court staff called the parties to notify them that the court desired to hear oral argument the next morning. Defendant did not answer the telephone call, and court staff left a message on an answering machine. The next morning, only the attorney for plaintiff appeared for oral argument. What happens next is bad behavior by an angry judge.

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child custody-custodial parent moving child to another state

Does a Divorced Custodial Parent have a Right to Move a Child to another State?

“Plaintiff and defendant divorced in 2002. Pursuant to the parties’ settlement agreement, they agreed to share residential custody of their child, H.M. In 2010, defendant filed a motion seeking to permanently relocate to Florida with H.M. In the midst of pre-trial litigation…”

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Apportion damages between public and private defendants

How to Apportion Damages Between Public and Private Tortfeasors

“The appellate division reversed and remanded on the issue of liability. The damage award was affirmed. Here is some important information to keep in mind…”

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Palimony agreement must be in writing

‘PEN PALIMONY’ LAW NOT RETROACTIVE, COURTS SAYS

“A 2010 law requiring palimony agreements to be in writing to be enforceable applies only prospectively, a state appeals court ruled Thursday, resolving conflicting trial court decisions. Nothing in the plain language or legislative history of the amendment to the Statute of Frauds suggests an intent to…”

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Parents have a right to see report card

DIVORCED PARENT PAYING FOR COLLEGE CAN DEMAND TO SEE THE REPORT CARD

“Can a divorced parent funding a child’s college education demand to view the student’s academic records as a condition of payment?” The judge held…

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Alcotest ruled reliable by NJ Supreme Court

Hearing on Alcotest Thermometer

“Three years after New Jersey’s highest court ruled the Alcotest is a reliable gauge of drunkenness at the wheel in State v. Chun, there are still hiccups to its unfettered use. On Tuesday, a state appeals panel held…”

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