August 05, 2010 | Law.com
Recipient of Offensive E-Mails Can't Force Yahoo to Name SenderA 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 held Tuesday in a published opinion. The ruling instructs how e-mails fit into the contours of the decade-old precedent that allowed for unmasking anonymous posters of injurious comments on the Web if certain tests are met.
By Charles Toutant
5 minute read
January 19, 2011 | New Jersey Law Journal
Refusal Conviction Doesn't Count as Prior DWI, Court SaysIn a big win for defense lawyers in drunken driving cases, the state Supreme Court rules that a past conviction for refusal to submit to a breath test does not count as a prior offense for DWI sentencing purposes.
By Charles Toutant
5 minute read
May 19, 2009 | New Jersey Law Journal
Judge Tosses Suit Claiming War in Iraq IllegalFor reasons of lack of standing and nonjusticiability, a federal judge in Newark dismisses a suit that claimed the Iraq War was unconstitutional because Congress never issued a declaration of war.
By Charles Toutant
5 minute read
June 29, 2007 | Law.com
N.J. Court: Passengers in Vehicle Causing Injury May Be LiableCarving out a limited exception to the innocent bystander rule, a New Jersey appeals court said a passenger may have a duty to summon help after an accident if the driver fails to do so.
By Charles Toutant
5 minute read
October 13, 2009 | New Jersey Law Journal
Memo to Prosecutors With Witnesses Overseas: Don't Go to the VideotapeVideotaped testimony — that vaunted panacea for the logistical problems of producing witnesses when and where needed — has serious limitations in criminal cases, as a Passaic County prosecutor learned the hard way.
By Charles Toutant
5 minute read
April 20, 2010 | Law.com
Tyco to Settle Class Action Suit Over Undersea Cable Venture for $79MA $79 million settlement has been reached in a long-running class action suit that accuses Tyco International of misleading investors in its undersea cable subsidiary, TyCom. The parties reached a deal on April 13 that would end the 7-year-old suit, and the plaintiffs moved on Monday for preliminary approval from U.S. District Judge Garrett Brown Jr. in Trenton, N.J. The settlement, if approved, calls for class counsel to petition the court for attorney fees, to be paid out of the settlement amount.
By Charles Toutant
3 minute read
December 01, 2003 | The Legal Intelligencer
N.J. Appeals Court Takes Judge to Task Over One CentNew Jersey Superior Court Judge Alexander Lehrer got a tongue-lashing recently from the Appellate Division, which said he paid lip service to its order to reduce a $3 million verdict found to be excessive.
By Charles Toutant
3 minute read
June 30, 2011 | New Jersey Law Journal
McCarter & English Plan 'Grosses Up' Workers Insuring Same-Sex PartnersJoining a growing number of firms and companies around the country, McCarter & English has adopted a plan to offset unequal tax treatment faced by employees who cover same-sex partners in their health-insurance plans.
By Charles Toutant
4 minute read
September 21, 2010 | New Jersey Law Journal
Malicious Use of 'The Drifters' Bars Promoter's Discharge in BankruptcyA concert promoter in Chapter 7 bankruptcy can't discharge a $24 million claim for infringing on the trademark of the R&B group The Drifters, says a federal judge in Trenton.
By Charles Toutant
4 minute read
August 01, 2003 | The Legal Intelligencer
Releasing Sex Predator Wouldn't Be a First in Calif.For months, defense attorneys in Contra Costa and Santa Clara counties have been fighting to free Cary Verse and Brian DeVries from confinement under California's Sexually Violent Predator law. But political pressure and bureaucratic glitches have kept the pair locked in Atascadero State Hospital long after their release dates.
By Charles Toutant
4 minute read
