Charles Toutant

October 31, 2005 | New Jersey Law Journal

Time was when the average citizen looking for a lawyer would thumb through the Yellow Pages, where smart lawyers with the wherewithal would place large display ads to distinguish themselves from the strict alphabetical listings. Now, the fastest way to find a lawyer is to Google one, and the new challenge for enterprising attorneys is how to get their names to the top of the 5.76 million spewed back when a user queries for, say, "New Jersey divorce lawyers." The answer is sponsored links.

By Charles Toutant

8 minute read

August 05, 2010 | Law.com

A U.S. magistrate judge in New Jersey has approved a $69 million settlement in a nationwide class action by owners of Volkswagens and Audis whose interiors leaked during rainstorms. The settlement also provides for $9.2 million in fees and $675,000 in costs for the two class-counsel firms. The suit covered about 3 million vehicles and 5.5 million class members who claimed violations of the New Jersey Consumer Fraud Act as well as breach of express and implied warranty and breach of the duty of good faith and fair dealing.

By Charles Toutant

5 minute read

May 10, 2007 | Law.com

When Miguel Herrera was badly hurt in a car crash, he didn't have to look far for legal representation. Lawyer Jeffrey Hark appeared one day in his hospital room. Herrera says that in pain and under heavy medication, he signed a contingency fee agreement. It wasn't until much later, Herrera says, that he learned of Hark's conflict of interest: The other driver in the crash was Hark's wife's grandfather. However, a New Jersey appeals court on Tuesday upheld the dismissal of Herrera's malpractice case.

By Charles Toutant

3 minute read

December 01, 2008 | New Jersey Law Journal

A juvenile delinquency complaint is not the 'functional equivalent' of an indictment and so does not trigger an automatic right to counsel, an appeals court rules, declining to extend the protections of criminal proceedings to family court.

By Charles Toutant

4 minute read

December 23, 2004 | The Legal Intelligencer

Chief U.S. District Judge John Bissell last week announced he would retire from the federal bench next September, having served for 22 years. I chose to retire in order to give myself a greater range of opportunities to do other things, both professional and personal, most of which I haven't reflected on in enough detail to discuss, he said.

By Charles Toutant

5 minute read

May 28, 2008 | New Jersey Law Journal

The Law Journal's annual survey of summer associate programs suggests that even with a recession at their doorsteps, large New Jersey firms are still planting seeds for future growth.

By Charles Toutant

5 minute read

May 08, 2007 | New Jersey Law Journal

A lawyer's hospital-room visit, resulting in retainer of a case in which he had a conflict of interest, doesn't support a suit for legal malpractice, since the client won an acceptable settlement. Still, the alleged facts warrant an ethics investigation, an appeals court says.

By Charles Toutant

3 minute read

May 21, 2009 | New Jersey Law Journal

A venue battle between New Jersey and California has broken out in the mounting litigation over Ticketmaster's alleged practice of redirecting online shoppers for concert tickets to the Web site of a subsidiary, TicketsNow, that sells them at a big markup.

By Charles Toutant

4 minute read

September 08, 2010 | New Jersey Law Journal

Reversing precedent, a state appeals court says New Jersey's law on failing to remain in a single lane, though made up of two clauses, describes a single offense: failing to maintain a lane by changing lanes without first making sure it can be done safely.

By Charles Toutant

4 minute read

October 02, 2002 | Law.com

Two federal judges in New Jersey have handed down conflicting rulings on whether the federal mail fraud statute can be used to prosecute those who cheat on standardized tests. Sixty Middle Eastern nationals allegedly paid imposters to take an English-language proficiency test. At issue is whether the Educational Testing Service's interest in maintaining its exam's integrity meets the statutory definition of a property interest.

By Charles Toutant

6 minute read