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Mary Pat Gallagher

Mary Pat Gallagher

May 08, 2008 | Law.com

Accommodating Lawyer's Vacation Doesn't Justify Inverting Order of Testimony

Trial judges have a lot of leeway in deciding how a trial proceeds, and that includes being understanding of attorneys' busy schedules. But a judge who made a defendant put on his medical experts before the plaintiff's to accommodate the plaintiffs lawyer's vacation abused his discretion and deprived the defendant of a fair trial, a New Jersey appeals court says. "The appropriate resolution would have been to declare a mistrial, not to force the defense to present its case first," said the court.

By Mary Pat Gallagher

5 minute read

November 15, 2006 | Legaltech News

Judge Rules PIP Online Processor Flouted Dispute-Resolution Patent

National Arbitration Forum, a company that processes personal injury protection claims, infringed on a patent for computerized dispute resolution, a federal judge in New Jersey has held. U.S. District Judge Mary Cooper granted summary judgment to plaintiff Cybersettle.

By Mary Pat Gallagher

4 minute read

November 30, 2007 | Law.com

New Pastures for Animal-Rights Lawyers

New Jersey solo Elenora Benz says her pet-trust practice "is not going to make a fortune," but it's a marketing tool, with some clients seeking her out specifically for that reason. It's just one way in which a growing cadre of lawyers is melding a love of animals with legal practice as animal-related issues become incorporated in numerous legal areas, such as personal injury, landlord-tenant and family law. And they're getting a boost from animal-oriented legislation.

By Mary Pat Gallagher

6 minute read

January 23, 2007 | The Recorder

'Informational Privacy' Right Upheld

The right to privacy in an Internet account is upheld by a New Jersey court. The ruling reaffirms the state's place as a leader in guarding Internet anonymity.

By Mary Pat Gallagher

6 minute read

October 28, 2009 | New Jersey Law Journal

Litigating Against Empty Chair Means No Award of Legal Fees Under EAJA

A psychologist who beat the government's attempt to recover an alleged $604,000 in Medicare overpayments did did less well trying to recover legal fees under the Equal Access to Justice Act. The reason: The victory was not an "adversary adjudication" within the meaning of the statute, because no one from the government had appeared at the administrative proceeding.

By Mary Pat Gallagher

4 minute read

August 31, 2007 | The Recorder

Internet Gambling Law Challenged

An association of Internet gamers claims the federal law is a restraint on "expressive association."

By Mary Pat Gallagher

5 minute read

July 29, 2009 | New Jersey Law Journal

Lopsided Award Against Ford, $8M Plus $42,050 in Punitives, Is Upheld

An appeals court upholds a product liability verdict against Ford Motor Co. for $8 million in compensatory damages and $42,050 in punitives, rejecting the plaintiff's contention that the award was lopsided because Ford's lawyer was allowed to tell jurors about the car maker's financial straits and layoffs.

By Mary Pat Gallagher

6 minute read

March 23, 2007 | Law.com

Multijurisdictional Practice Rules Are Working Well, N.J. Panel Finds

When New Jersey eased restrictions three years ago on practice by out-of-state lawyers, critics predicted a range of problems. Now a state Supreme Court committee has found otherwise. Lawyers Fund director Kenneth Bossong touts the benefits for "people with a potential for a little bit of business but not enough to justify an office." But the Professional Responsibility Rules Committee has found out-of-state attorneys are apparently confused about the procedures for practicing law in New Jersey.

By Mary Pat Gallagher

6 minute read

December 05, 2007 | New Jersey Law Journal

Historic Warren County Courthouse Will Be Renovated, Not Replaced

Almost a decade after Warren County's assignment judge declared courthouse facility improvement "the number one priority in this vicinage," the county freeholder board is taking action.

By Mary Pat Gallagher

6 minute read

May 28, 2009 | New Jersey Law Journal

Mortgagors in Default Are Given Breathing Room

With the foreclosure crisis still in high gear, the U.S. Bankruptcy Court for the District of New Jersey has adopted measures to help homeowners in bankruptcy proceedings who fall behind on mortgage payments.

By Mary Pat Gallagher

6 minute read