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Charles Toutant

Charles Toutant

Charles Toutant is a litigation writer for the New Jersey Law Journal.

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July 14, 2009 | New Jersey Law Journal

Town Drops Malpractice Suit Against Lawyer Who Failed To Notify Carrier

Former Manalapan solicitor Stuart Moskovitz stumbled upon a neat trick for getting a legal malpractice claim dismissed. He failed to put his professional liability carrier on notice when the township filed suit against him, leading officials to drop it for lack of deep pockets from which to recover.

By Charles Toutant

4 minute read

September 29, 2008 | New Jersey Law Journal

Doyne Named Bergen County Assignment Judge

The new assignment judge for Bergen County is Peter Doyne, a 15-year veteran of the local bench who has long been accustomed to supervisory judicial roles.

By Charles Toutant

4 minute read

August 03, 2010 | New Jersey Law Journal

Recipient of Offensive E-mails Can't Force Yahoo! To Name Their Sender

A plaintiff who fails to make out a claim of intentional infliction of emotional distress based on anonymous, offensive e-mails can't compel the sender's Internet service provider to reveal his or her identity, a New Jersey appeals court rules.

By Charles Toutant

5 minute read

June 28, 2004 | New Jersey Law Journal

Assignment Judges Mull Program for Complaining About Judges on the QT

It's every lawyer's right and privilege to grouse about judges privately among colleagues, but it falls on deaf ears unless one is willing to make a formal complaint - a course fraught with obvious peril. Imagine, though, if those complaints could be made anonymously and still get serious audience. That's what's been tried in Middlesex, Atlantic and Burlington counties with some success, and assignment judges are considering expanding it statewide.

By Charles Toutant

2 minute read

May 23, 2007 | The Legal Intelligencer

N.J. Supreme Court Holds Public Hearing On Mandatory Continuing Legal Education

With the New Jersey Supreme Court poised to require continuing legal education for all of the state's lawyers, the only open questions are how and by whom the teaching will be done.

By Charles Toutant ALM

5 minute read

February 19, 2009 | New Jersey Law Journal

No Pre-Suit Demand for Refund Needed To Seek Consumer Fraud Act Relief

An unhappy customer need not ask a merchant for a refund before filing suit under the N.J. Consumer Fraud Act, the state Supreme Court rules.

By Charles Toutant

3 minute read

September 22, 2003 | New Jersey Law Journal

Former Judge of Essex County, Appellate Division Dies

Nicholas Scalera, a state court judge for two decades, died last Wednesday at the age of 75. Appointed to the bench in 1971, Scalera sat in Essex County for 14 years -- the last three as assignment judge -- before ascending to the Appellate Division.

By Charles Toutant

5 minute read

December 02, 2004 | The Legal Intelligencer

N.J. High Court Rejects Advice To Reduce Fund

New Jersey's indemnification fund for victims of dishonest lawyers is more flush with cash than any state's fund in the nation. Still, the state Supreme Court has no intention of reducing the Lawyers' Fund for Client Protection's reserve, which was $14.1 million at last year's end.

By Charles Toutant

5 minute read

December 20, 2006 | Law.com

N.J. Judge Voids City's Gun Control Law

A New Jersey judge on Dec. 13 enjoined enforcement of a local ordinance limiting handgun purchasers to one gun a month. In a suit that tested the power of cities to write their own laws to curb gun-related violence, Judge Maurice Gallipoli said he doubted that goal would be achieved by the ordinance, which he said was pre-empted by the state's extensive gun-control plan. Finding that the law violated equal protection grounds, Gallipoli deemed it arbitrary, capricious and lacking a rational basis.

By Charles Toutant

5 minute read

May 05, 2011 | New Jersey Law Journal

Reinstatement Sought for Lawyer With History of Substance Abuse and Theft

An attorney with a criminal record of credit-card and identity theft and burglary, apparently related to an addiction to alcohol and prescription drugs, may soon have a clean bill of health to resume the practice of law.

By Charles Toutant

4 minute read