Charles Toutant

March 08, 2007 | New Jersey Law Journal

Lawyers from Delaware, New Jersey, Pennsylvania and the Virgin Islands launch the Third Circuit Bar Association, with the general aim of improving the practice of law in the federal appeals court.

By Charles Toutant

3 minute read

December 14, 2005 | New Jersey Law Journal

In a move to end the gridlock accompanying New Jersey's adoption of a new device to prove drunken driving cases, the state Supreme Court has taken over the test case that will establish the machine's scientific reliability.

By Charles Toutant

3 minute read

October 28, 2002 | New Jersey Law Journal

Breathalyzer results are inadmissible when police do not afford drunken-driving suspects a timely opportunity to be tested independently for intoxication, the Appellate Division has ruled. The judges ordered a new trial and suppressed the results in the case of a Breathalyzer failer who was kept in custody until sober, even though he told police he wanted to arrange his own test.

By Charles Toutant

5 minute read

July 02, 2007 | Law.com

Carving out a limited exception to the "innocent bystander" rule, a New Jersey appeals court says a passenger may have a duty to summon help after an accident if the driver fails to do so. Central to the court's ruling was the finding that the passengers were far more than innocent bystanders, whose passive inaction traditionally is not a basis for liability. Rather, they left a motorcyclist struck by their car in the road without summoning help, and he died after being struck by a second car.

By Charles Toutant

5 minute read

June 30, 2010 | New Jersey Law Journal

A state appeals court on Wednesday showed no sympathy for a lawyer who deliberately delayed for a year a motion in a worker's compensation case, then got ill and missed the deadline.

By Charles Toutant

4 minute read

April 07, 2008 | New Jersey Law Journal

New Jersey's Department of Environmental Protection can't use its police and regulatory powers to collect an $800 million fine from a company in Chapter 11, a bankruptcy judge says.

By Charles Toutant

3 minute read

June 22, 2010 | New Jersey Law Journal

The Alcotest, which got the state Supreme Court's blessing two years ago as a scientifically reliable device for measuring blood alcohol content, is facing a new challenge. In an Essex County case, the lawyer for an alleged drunken driver claims the machine misreads how long people blow into it, which calls into question its results.

By Charles Toutant

4 minute read

November 03, 2003 | New Jersey Law Journal

New Jersey's corporate tax on businesses that draw revenue from the state but have no employees or tangible property here violates the federal constitution's Commerce Clause, a state judge rules.

By Charles Toutant

5 minute read

March 31, 2003 | New Jersey Law Journal

The state Supreme Court ruled last Tuesday that convicts may seek DNA testing even before they exhaust their appeals, thereby potentially cutting years from the time the procedure might otherwise take.

By Charles Toutant

4 minute read

March 15, 2004 | Law.com

Edwin Stern will become the Appellate Division's presiding judge for administration, taking over for Sylvia Pressler, who reaches mandatory retirement age next month.

By Charles Toutant

4 minute read