July 21, 2022 | New Jersey Law Journal
'I Will Continue to Vote for Disbarment' Over Unfiled Rule 1:20-20 Affidavits Says Disciplinary Review Board Chair GallipoliThe DRB Chair, Maurice J. Gallipoli, retired A.J.S.C., in a letter explaining his dissenting opinion to the New Jersey Supreme Court members, stated that absent a rule change, he will continue to vote to disbar attorneys to compel them to appear over failure to file the affidavit required under R. 1:20-20.
By Colleen Murphy
3 minute read
July 21, 2022 | New Jersey Law Journal
Appeals Court: Plaintiffs Fail to Present 'Extraordinary Circumstances' for Late Filing of COVID-19 Tort Claim NoticeThe New Jersey Appellate Division has reversed three trial court motions granting leave to file late notice of a tort claim in cases involving employees who contracted COVID-19 while working at the Hudson County Correctional Facility.
By Colleen Murphy
4 minute read
July 21, 2022 | New Jersey Law Journal
Slip and Fall on Black Ice Yields $2.15 Million Settlement in MonmouthA woman seriously injured after a fall on black ice settled her suit against the property owner and snow removal contractor for $2.15 million. As Yvette Anderson left work at 3310 Route 36 in Neptune on January 9, 2018, she walked through the parking lot on the way to her car. It was already dark outside by at 5:20pm and the parking lot lights had not been turned on yet. Anderson fell on a patch of black ice covering a large pothole. The incident was captured on video.
By Colleen Murphy | Charles Toutant
5 minute read
July 20, 2022 | New Jersey Law Journal
Dealership's Failure to Pay Arbitration Fees Doesn't Void Class Waiver, Appellate Division RulesThe Appellate Division said that while Salerno Duane cannot compel arbitration due to their failure to pay the administration fees in the matter, that other provisions of the agreement remain intact.
By Colleen Murphy
4 minute read
July 20, 2022 | New Jersey Law Journal
Consumer in 'Free Sample' Case Has Standing Despite Refusing Refund, Circuit HoldsThe court said,"[a]s every first-year law student learns, the recipient's rejection of an offer 'leaves the matter as if no offer had ever been made,'" citing the SCOTUS decision in Campbell-Ewald Co. v. Gomez.
By Colleen Murphy
5 minute read
July 20, 2022 | New Jersey Law Journal
Attorney Misappropriation of Escrow Funds Divides Disciplinary Review BoardThe Disciplinary Review Board of the New Jersey Supreme Court agreed that attorney Richard Pepsny committed misconduct, but could not reach consensus on the appropriate discipline, according to the DRB decision.
By Colleen Murphy
4 minute read
July 20, 2022 | New Jersey Law Journal
NJ Judge Permanently Disqualified From Service Following Charge of Criminal Sexual ContactMunicipal Court Judge Nino F. Falcone was censured and permanently disqualified from judicial service by order of the New Jersey Supreme Court after he was charged with fourth-degree criminal sexual contact.
By Colleen Murphy
5 minute read
July 19, 2022 | New Jersey Law Journal
Supreme Court Says Condo Association May Pursue Insurer in Construction Defect Case, But Must Arbitrate"Were we to concur with the Appellate Division that ... the arbitration clause is somehow unenforceable in Crystal Point's action, we would contravene the Direct Action Statute's plain terms," Justice Anne M. Patterson wrote.
By Colleen Murphy
4 minute read
July 19, 2022 | New Jersey Law Journal
Drawing Legal Fees Before Paying Out Settlement Proceeds Gets Lawyer DisbarredThe lawyer told authorities he "just deposited the check knowing that the insurance company check was close behind, and it was more for convenience sake than anything else." The DRB and Supreme Court found it was still a disbarment offense.
By Colleen Murphy
3 minute read
July 18, 2022 | New Jersey Law Journal
3rd Circ. Upholds Convictions in Organized Crime Takeover and Looting of Publicly Traded Mortgage CompanyIn a precedential 169-page opinion, the U.S. Court of Appeals for the Third Circuit has upheld the convictions and sentences for two members of the Lucchese organized crime family and two Texas brothers on charges of racketeering and conspiracy.
By Colleen Murphy
4 minute read
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