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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 22, 2002 | New Jersey Law Journal

Court Upholds Juror-Interview Ban, Calling Media Interest `Not Absolute`

Courts may enact narrowly tailored restrictions on media interviews of discharged jurors if a compelling state interest is at stake, a divided state Supreme Court rules.

By Charles Toutant

4 minute read

June 16, 2008 | Law.com

Workers' Comp Death Benefit Hikes Not Retroactive, High Court Says

The more generous recovery limits of a 2004 revamp of New Jersey workers' compensation death benefits do not apply to workers who died before its enactment, the state Supreme Court ruled on June 9. In four cases consolidated for appeal, the justices unanimously reversed an Appellate Division panel that interpreted the 2004 amendment's phrase that it "shall take effect immediately" to suggest it should be applied to pending cases.

By Charles Toutant

4 minute read

February 03, 2010 | New Jersey Law Journal

Family Judge's Ban on Filing of Motions Abused Discretion, Appeals Court Says

A Family Part judge acted improperly in barring post-judgment motions unless settlement attempts failed, a divided appeals court ruled Wednesday.

By Charles Toutant

5 minute read

July 02, 2010 | Law.com

City Found Not Liable for Failing to Check Skills of Jet Ski User Killed in Crash

A New Jersey appeals court has upheld the dismissal of a wrongful death action on behalf of a 16-year-old who died when her Jet Ski hit an Ocean City dock. Though the suit sounded in negligent supervision -- a boat ramp attendant failed to check whether the girl had the mandated training -- it was based on the city's failure to enforce an ordinance requiring personal watercraft operators to complete an approved safety course, for which a state torts claim act confers immunity, the court said.

By Charles Toutant

3 minute read

December 27, 2010 | Law.com

Last of a String of Motions Is Straw That Gets Lawyer Admonished

A lawyer's motion for reconsideration of an order to pay opposing counsel's legal fees in a fractious franchise dispute was one motion too many, according to a federal judge.

By Charles Toutant

5 minute read

July 19, 2006 | New Jersey Law Journal

Two N.J. Firms Cross Delaware by Acquiring Compatible Pa. Shops

New Jersey firms that want to open shop in Pennsylvania are finding it's easier when there's an office already up and running. Acquiring an existing operation - fully staffed, with a nice book of business - is the tactic of choice of two firms that are crossing the Delaware this month.

By Charles Toutant

4 minute read

December 08, 2009 | New Jersey Law Journal

No Affidavit of Merit Needed for 'Unaccrued' Third-Party Malpractice Claim

Fixing a loophole not foreseen by the drafters of New Jersey's Affidavit of Merit Statute, the state Supreme Court rules that third-party indemnification claims against professionals may be subject to the act, but only after a professional-negligence claim accrues.

By Charles Toutant

4 minute read

July 12, 2011 | Daily Business Review

McCarter & English plan 'grosses up' workers insuring same-sex partners

A growing number of law firms and companies is committed to offsetting unfair tax treatment faced by employees with same-sex partners.

By Charles Toutant

4 minute read

September 08, 2003 | New Jersey Law Journal

Alcotest Gets Its First Day in Court

A Camden County judge opens hearings today to decide whether a proposed substitute for the Breathalyzer in drunken driving cases passes muster with the scientific community.

By Charles Toutant

5 minute read

August 22, 2008 | The Legal Intelligencer

N.J. High Court: Single Comment Can Create Hostile Workplace

Calling an employee a "stupid fag" just once is grounds for a prima facie case of hostile-workplace discrimination based on sexual orientation, a New Jersey appeals court has ruled.

By Charles Toutant

6 minute read