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Charles Toutant

Charles Toutant

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

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October 02, 2006 | Law.com

3rd Circuit: City Can't Transfer Firefighters to Fix Unintentional Racial Segregation

A municipality can't use race-based transfers to integrate fire companies that were never intentionally segregated, the 3rd Circuit has ruled. The court invalidated the city of Newark, N.J.'s transfers of 34 firefighters, saying, "Racial balancing, and that is what this is, simply cannot be achieved by means of a racial classification without running afoul of the Equal Protection Clause of the Constitution." The firefighters and their unions sued to enjoin the race-based transfers.

By Charles Toutant

4 minute read

October 19, 2009 | New Jersey Law Journal

TV Networks Seek Federal Relief From New Jersey's Stiff Ban on Exit Polling

With the general election two weeks away, six major television networks are asking a federal judge to enjoin New Jersey from enforcing a broad ban on exit polling and other expressive activity within 100 feet of polling places.

By Charles Toutant

4 minute read

April 11, 2011 | New Jersey Law Journal

U.S. Emergency Care Law Pre-empts State Restriction on Cardiac Surgery

A federal law requiring life-saving treatment supersedes a hospital's obligation to obtain a state certificate of need before performing angioplasties, an administrative law judge rules.

By Charles Toutant

4 minute read

September 03, 2002 | New Jersey Law Journal

Lawyers Jump on Marketing Implications of Sarbanes-Oxley

Written by politicians rushing to respond to public outrage over corporate scandals, the Sarbanes-Oxley Act of 2002 is filled with ambiguous and conflicting provisions, some lawyers say. It's also creating business opportunities for lawyers who advise corporate clients. "For the larger public companies, the phones are ringing off the hook," says Arlene Mirsky, a partner at Sills Cummis in Newark.

By Charles Toutant

6 minute read

December 05, 2006 | New Jersey Law Journal

Suspension Urged for Lawyer Who Fudged Insurers' Regulatory Filings

New Jersey disciplinarians are seeking a two-year suspension for a lawyer found to have perpetrated frauds on his insurance-company clients, leading them to believe they had received regulatory approvals that in many cases had never even been filed.

By Charles Toutant

4 minute read

February 11, 2005 | The Legal Intelligencer

Death Penalty Foes Fault Proposed Execution Rules on Media Access

A conflict with opponents of capital punishment over cameras in the death chamber is hampering the New Jersey Department of Correction's efforts to get relief from a stay on lethal injections.

By Charles Toutant

5 minute read

June 10, 2002 | New Jersey Law Journal

Entire Firm Can Lose Coverage If Lawyer Lies on Application Form

A law firm`s legal malpractice policy can be rescinded if a partner lies on the application, despite the other partners` claims of being "innocent insureds," the N.J. Superior Court Appellate Division rules.

By Charles Toutant

3 minute read

August 14, 2007 | New Jersey Law Journal

New Jersey Lawyer-Lobbyists Get Reprieve From Registration Rule

The Election Law Enforcement Commission has temporarily shelved proposed regulations requiring lawyers to register as lobbyists if they represent clients before state agencies.

By Charles Toutant

4 minute read

February 13, 2009 | New Jersey Law Journal

Special Civil Part Mail Service To Be Axed for Lack of Funds

The Administrative Office of the Courts says it will terminate its long-standing Special Civil Part service-by-mail program as of April 1 due to lack of sufficient funds and will return to some form of personal service of process.

By Charles Toutant

3 minute read

July 27, 2007 | New Jersey Law Journal

State Bar Dead-Set Against Firms' Mandatory Retirement Policies

New Jersey's organized bar is calling on law firms to relent from mandatory retirement rules for partners, in favor of more flexible policies that recognize that older lawyers still have value.

By Charles Toutant

5 minute read