October 29, 2002 | Law.com
Removal of Eruv Found Violative of Religious FreedomA town's use of a seldom-enforced ordinance prohibiting attachment of a symbolic religious boundary to utility poles may violate the First Amendment, the 3rd U.S. Circuit Court of Appeals ruled Thursday. The judges reversed the denial of a preliminary injunction against Tenafly, N.J.'s removal of the boundary -- known as an "eruv" -- within which Orthodox Jews perform actions that would otherwise be prohibited on the Sabbath.
By Charles Toutant
6 minute read
October 31, 2008 | New Jersey Law Journal
Court Names Panel To Study Expansion Of E-Filing to All Superior Court CasesThe state Supreme Court has formed a committee to come up with a plan for expanding electronic filing - now restricted to the Special Civil Part - to New Jersey's entire court system.
By Charles Toutant
5 minute read
July 15, 2008 | New Jersey Law Journal
Lawyer Who Botched Two Appeals and Didn't Tell the Clients Faces ReprimandDiscipline is urged for a Cherry Hill lawyer who failed to file briefs on time, thereby causing appeals to be dismissed, and didn't notify the clients until they inquired.
By Charles Toutant
4 minute read
November 10, 2003 | New Jersey Law Journal
Gay Marriage Bar May Pave Way for Civil Union LawLast Wednesday's ruling against same-sex couples marrying in New Jersey may give impetus to legislative creation of a new status of domestic partnership that does not disturb the traditional definition of marriage.
By Charles Toutant
7 minute read
August 09, 2011 | New Jersey Law Journal
Law Firms' Paperwork Errors Alleged To Have Resulted in Vioxx Claim DenialTwo plaintiffs' firms are being sued for malpractice for misstating the cause of death of a Vioxx user, which allegedly led to denial of recovery from a multibillion-dollar global settlement fund.
By Charles Toutant
5 minute read
February 09, 2011 | New Jersey Law Journal
Reasons for Frivolous Sanctions Found Lacking, Appeals Court Topples ThemUsually, when an appeals court finds a trial judge fails to explain his reasons for imposing sanctions on a party, the remedy is remand. But when a case is already six years old and on its second trip upstairs, the court may take matters into its own hands.
By Charles Toutant
5 minute read
June 20, 2005 | New Jersey Law Journal
Gay Marriage Is for the Legislature To Legitimize, Appeals Court SaysNew Jersey seems destined to follow the path of least resistance to recognition of alternative relationships as legal bonds. Last week, the Appellate Division found that there is no fundamental right of people of the same sex to marry each other and thus that any legalization of such unions must come from the Legislature, not the courts.
By Charles Toutant
5 minute read
February 18, 2002 | New Jersey Law Journal
Judicial Profile: Judge John E. Wallace Jr.By Charles Toutant
4 minute read
July 14, 2006 | Law.com
Plaintiffs Lawyer Defends Pact That Piggybacked Statutory, Contingent FeesA winning plaintiffs lawyer in a whistleblower suit -- who then had the whistle blown on him for creatively augmenting his fee -- is fighting a court order to give some of the money back. A New Jersey judge called "presumptively unreasonable" an agreement that gave John Donnelly not only statutory fees under the Conscientious Employee Protection Act but also a 50 percent share of damages recovered. Donnelly said he crafted the arrangement to finance a long-shot case.
By Charles Toutant
5 minute read
April 04, 2003 | Law.com
DNA Testing May Be Sought During Pendency of AppealThe New Jersey Supreme Court has ruled that convicts may seek DNA testing before exhausting their appeals, thereby potentially cutting years from the time the procedure might otherwise take. Forcing an inmate to wait until after his appeal is dismissed "offends basic notions of fairness" and wastes judicial resources, the court said. The state argued that testing requests could only be raised in petitions for post-conviction relief.
By Charles Toutant
4 minute read
