New Jersey Attorney Law Review Blog

Computer users in New Jersey can expect that personal information they give their Internet service providers will be treated as private, a state appellate court decided yesterday in the first such case considered in the state. The court ruled that a computer user whose screen name hid her identity had a "legitimate and substantial" interest in anonymity . As a result, New Jersey and several other states will give greater privacy rights to computer users than do most federal courts, and law-enforcement officers in New Jersey will need to obtain valid subpoenas or search warrants to obtain the information. The appellate panel's unanimous ruling stemmed from the indictment of Shirley Reid, who was suspected of breaking into the computer system of her employer in Cape May County in 2004 and changing its shipping address and password for suppliers. The decision upholds a lower court ruling suppressing information from Reid's Internet service provider that linked her with a...

A trial court judge's actions in interrupting a litigant's testimony during cross-examination to warn him about possible criminal implications if his testimony revealed tax fraud was improper, the Appellate Division held in All Modes Transport Inc. v. Hecksteden, A-0361-05T5, December 27, 2006 . Combined with this warning, the trial court suggested the parties settle the case. After this exchange by the trial judge, the defendants agreed to settle the case for a substantial sum of money. Shortly thereafter, the defendants filed a motion requesting the trial court to vacate the settlement arguing that they were coerced into the settlement by the trial judge's threat of criminal prosecution. The trial court denied defendants' motion, concluding that the settlement agreement was not procured by coercion. The trial court was of the opinion that it had a duty to warn to warn the defendant that continuation of his testimony on cross-examination could result in self-inc...

On December 21, 2006 New Jersey became the third U.S. state to provide equal rights for same-sex couples in committed relationships known as civil unions. Gov. Jon Corzine, signing the Civil Unions bill into law, said the state has an obligation to give such partnerships the same legal rights as married couples. "We must recognize that many gay and lesbian couples in New Jersey are in committed relationships, and deserve the same benefits and rights as every other family in the state," Corzine said in a statement. The bill was passed by lawmakers last week following a ruling by the state Supreme Court affirming equal rights for same-sex couples, but deferring to the legislature a decision on whether to call their relationships "marriage." Lawmakers opted to call them "civil unions." Massachusetts is the only U.S. state to have legalized same-sex marriage, which supporters say is necessary to establish true equality for homosexual partnerships. Connecticut ...

On October 25, 2006, the New Jersey Supreme Court ruled in a 4-3 decision that New Jersey must extend all the rights of marriage to gay couples. But the Supreme Court justices left it to the New Jersey legislature to decide whether to provide those rights in the form of marriages, civil unions or something else — and gave the Legislature 180 days to reach a decision. The New Jersey Supreme Court ruling is similar to the 1999 high-court ruling in Vermont that led that state to create civil unions, which confer all of the rights and benefits available to married couples under state law. "Although we cannot find that a fundamental right to same-sex marriage exists in this state, the unequal dispensation of rights and benefits to committed same-sex partners can no longer be tolerated under our state Constitution," New Jersey Supreme Court Justice Barry T. Albin wrote for New Jersey's four-member majority. The court said the Legislature "must either amend the marriage sta...

Plemmons v. Blue Chip Insurance Services, A-0414-04T3, Appellate Division (August 21, 2006). An insurance broker is excluded from liability under the New Jersey Consumer Fraud Act for the performance of brokerage services, the Appellate Division held in a published opinion approved for publication on August 21, 2006. In this particular case, the plaintiff entered into a contract to purchase residential property in New Jersey, which he planned to convert to commercial use. In anticipation of a closing, plaintiff paid a $361 premium to obtain homeowner's insurance coverage from defendant Blue Chip Insurance, and Blue Chip issued a policy declaration sheet providing for homeowner's coverage. The policy was ultimtely voided because of a delay in the closing date, however Blue Chip never refunded plaintiff his $361 premium. A new closing date was arranged,and prior thereto an insurance representative with Blue Chip advised plaintiff's representative that plaintiff needed ...

A New Jersey judge facing a Supreme Court hearing on charges he made inappropriate comments to jurors and about other judges is asking that two members of the New Jersey Supreme Court recuse themselves due to alleged bias. Superior Court Judge Wilbur Mathesius filed a motion on Aug. 23, 2006 urging that Chief Justice Deborah Poritz and Justice Jaynee LaVecchia not participate in his disciplinary case because they have criticized him in the past. Mathesius is challenging the Advisory Committee on Judicial Conduct's findings that he committed ethics violations the committee said warranted a six-month suspension, half without pay. At issue is Mathesius' conduct in Mercer County's Criminal Part in 2004 and 2005 and conduct resulting in two admonitions while he was a municipal court judge. ACJC Chairman Alan Handler found that ethics prosecutors proved by clear and convincing evidence allegations in a four-count complaint charging that Mathesius: • berated a jury for acquitting ...

What are the limitations imposed on New Jersey attorney advertisements? Read online opinions issued by the Supreme Court of New Jersey Committee on attorney advertising at http://lawlibrary.rutgers.edu/cgi-bin/ethics.cgi#caa

Several County Clerk's offices in New Jersey are currently accepting electronic recording/filing of land documents, with 7 more counties expected to join the program in 2006. Currently accepting online filings are Passaic County, Ocean County, Monmouth County, and Cape May County. Read more about this and apply for a free sign-up at http://www.njcountyrecording.com/njcr/home.aspx

The 2005 Bankruptcy Reform Act becomes effective October 17, 2005, making it more difficult for individual consumer debtors to obtain relief from their financial problems under Chapter 7 or Chapter 13 of the Bankruptcy Code. Major Intent of Bankruptcy Reform: The major intent of bankruptcy reform is to require people, who can afford to make some payments towards their debt, to make these payments, while still affording them the right to have the rest of their debt erased. These people must file Chapter 13. Status of the Bills: The Senate passed the Bill on March 11, 2005 and the Congress on April 14, 2005. When will this be Law: The bill was signed into law by the president on April 20, 2005. Sections 308, 322 and 330, all concerning the homestead exemption, take effect immediately. This is law now: The exemption is limited to $125,000 if the property was acquired within the previous 1215 day (3.3 years). The cap is not applicable to any interest transferred from a debtor's pr...

As reported by newsday.com: It won't have the flair and chatty commentary of Court TV, but anyone with a computer, Windows Media player software and good Internet connection will get to see gavel-to-gavel action of the New Jersey Supreme Court. Starting at 10 a.m. Monday, oral arguments before the seven-justice court will be webcast over the World Wide Web. The first scheduled arguments concern what documents are covered by the state's Open Public Records Act. Webcast arguments will be carried live and archived for 30 days, officials said. Renovations done last summer for safety reasons enabled court officials to install at the rear of the courtroom seven sound-actived cameras _ one trained on each justice. Behind Chief Justice Deborah Poritz are two more cameras, one focused on where lawyers arguing before the court typically stand, and the other providing a wide-angle view of the courtroom. Court officials say the webcast will be helpful to law students, judges whose ru...

New Jersey recognizes that an interactive web site can establish a basis for jurisdiction over a company who does not have a physical presence in New Jersey. For the full article click onto this link. Requires Adobe Acrobat Reader. http://www.njlawconnect.com/documents/Internet%20Jurisdiction_New%20Jersey.pdf Review New Jersey Attorney Law Review Blog Internet Jurisdiction in New Jersey

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New Jersey Case Law Update Courtesy of Rutgers UniversitySchool of Law - Camden Recent Decisions of the New Jersey Appellate Courts from 2004-11-15 to 2004-11-29. These case summaries originate from http://lawlibrary.rutgers.edu/cgi-bin/recent.cgi . Please come back and visit us again for additional New Jersey law updates, or visit our web sites www.new-jerseylawyers.com , www.njlawconnect.com . Supreme Court Cases Docket No.: a-67-03Decided: 2004-11-22Caption: Information Spectrum, Inc. v. The HartfordSummary :PER CURIAM In this matter, the Court determines whether claims of Lanham Act violations and copyright infringement were covered by the insured's commercial general liability policy, thereby triggering the insurer's obligation to defend. Information Spectrum (the insured) filed a federal action seeking a declaratory judgment to dispel assertions by Facstore, Inc. (Facstore), that it had misappropriated Facstore's product—a computerized police reporting system. Facst...

This blog was created to provide a one-stop resource for New Jersey law topics for members of the general public. I hope you find this blog to be useful in your legal research. For assistance with specific legal matters, please visit www.njlawconnect.com and www.new-jerseylawyers.com . Sincerely, Glenn R. Reiser