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  The New Jersey state senate president wants to introduce legislation that would ban all electronic smoking devices, including nicotine cartridges and containers, and other vaping products. The Trump administration is considering a ban on flavored e-cigarettes. Officials are investigating more than 450 potential vaping-related lung illnesses—including nine in New Jersey. Six deaths in the United States are associated with vaping and e-cigarette products. At a time when the nation is grappling with a rising number of vaping-related lung illnesses and deaths, the New Jersey Institute for Continuing Legal Education will host a webinar on the legal ...
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Editor’s Note: The following article by Damian Santomauro was published as part of the Construction Law Section Newsletter Vol. 21, No. 1, which is distributed to members of the Construction Law Section. To learn more about joining a section of the New Jersey State Bar Association, email us at ask[email protected] . The economic loss rule is a judicially created doctrine that purports to define the boundaries between contract and tort claims. 1 In essence, the economic loss doctrine bars tort claims (as well as strict liability claims) for economic loss arising out of a contractual relationship. 2 Although this appears to be a relatively straightforward ...
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The New Jersey Judiciary just released a video to celebrate Hispanic Heritage Month. The latest in a series of videos that celebrate its talented and diverse workforce, the video features NJSBA President Evelyn Padin and takes a look at the impact and legacy of the 1971 NJ Supreme Court decision in State vs. Shack. Padin is joined by Assignment Judge Julio L. Mendez and Maria Cortes of the Hispanic Bar Association of New Jersey to discuss the legacy of the case and the contributions Latinos make to New Jersey. The case centers on two activists who went to a private farm to provide legal and medical aid to migrant workers who lived and worked on the property. ...
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The New Jersey State Bar Association (NJSBA) urged the New Jersey State Supreme Court to affirm an Appellate Division holding that individuals seeking to bring legal malpractice actions against attorneys employed by the state as public defenders to represent private clients must meet the procedural requirements of the Tort Claims Act. In its brief submitted  as amicus curiae in the matter of Chaparro v. Office of the Public Defender, Docket No. A4475-17T4, the NJSBA urged the Supreme Court to extend the holding to include pool attorneys, attorneys assigned through the so-called Madden List and any attorney engaged by the government, for pay or pro bono, to ...
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Editor’s Note: The following article by Kathryn ‘Katy’ McClure and James E. Burden was published as part of New Jersey Labor and Employment Law Quarterly Vol. 40, No. 4, which is distributed to members of the Labor and Employment Law Section. To learn more about joining a section of the New Jersey State Bar Association, email us at [email protected] . Anyone who has traveled recently will have observed a tremendous increase in the number of ‘service animals’ in airport terminals. Most are frocked with bright red vests, declaring them to be ‘actual’ service or emotional support animals. On Jan. 31, 2018, a performance artist named Ventiko arrived at ...
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Rebecca Rakoski is a co-founder and managing partner of XPAN Law Group, a woman-owned boutique law firm where her practice is devoted exclusively to cybersecurity and data privacy. Rakoski is a member of the New Jersey State Bar Association’s Cybersecurity Task Force. She spoke recently about the big changes coming to the world of cybersecurity thanks to the New York Shield Act, which was recently signed into law and goes into effect next March. What is the Shield Act? Laws have borders, but data moves back and forth across borders all the time. With the continued ascension of internet-based businesses, we are ordering things and conducting business from ...
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Editor’s Note: The following article by Sheryl Seiden was published as part of New Jersey Family Lawyer Vol. 39, No. 2, which is distributed to members of the Family Law Section. To learn more about joining a section of the New Jersey State Bar Association, email us at [email protected] . I was honored and privileged to have been sworn in as the chair of the Family Law Section of the New Jersey State Bar Association on May 16. It has been a long journey to reach this milestone, and I am so thankful to all the wonderful colleagues, friends, and family who helped me achieve this goal. There have been some incredible lawyers and retired judges who have ...
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The New Jersey State Bar Association’s (NJSBA) fall season is about to begin and it’s packed with all sorts of special events, including anniversary and award receptions, section dinners, and networking opportunities. A highlight will be the Mid-Year Meeting in Puerto Rico. September is filled with a number of notable activities, including the New Jersey Lawyers Assistance ­Program’s 25th anniversary dinner on Sept. 12. The New Jersey State Bar Foundation (NJSBF) will hold its Medal of Honor Awards dinner on Sept. 16. Ralph J. Lamparello, treasurer of the NJSBF and a past president of the NJSBA, and Shirley Berger Whitenack, an NJSBA trustee, will receive ...
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New Jersey State Bar Association (NJSBA) President-elect Kimberly Yonta testified at the Judicial Conference last week on the impact of proposed changes to New Jersey Rules of Evidence 608, which would expand the scope of permissible cross-examination. An initial proposal called for the expansion in both civil and criminal cases, but the proposal considered by the conference was for an expansion in criminal cases only. Yonta joined the County Prosecutors Association of New Jersey and the Trial Attorneys of New Jersey in urging the panel to reject the amendment. The NJSBA responded to recommendations by the Supreme Court’s Committee on the Rules of Evidence, ...
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The New Jersey State Bar Association’s General Council is seeking candidates who want to be considered for a spot on the group that helps review and select leadership candidates for association. Any General Council member who wants to be considered for a two-year term on the association’s Nominating Committee must file a petition signed by no fewer than 10 members of the council. Petitions are due Sept. 25. Candidates from Morris County are not permitted this year. Information about candidates, including video statements and biographical information will be posted online when the filing deadline passes. Voting for the seat will be administered electronically ...
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Receptions, Gatherings and Special Events   Young Lawyers Division Kick-Off BBQ Tuesday, Sept. 3 | 5 p.m. New Jersey Law Center, New Brunswick Meet the YLD leadership and find out what’s planned for the coming year.   Wills for Heroes Wednesday, Sept. 11 | 12 p.m. Community Arts Center, East Brunswick Sponsored by the Young Lawyers Division Volunteers are needed to draft wills and estate planning documents for New Jersey first responders. 1.5 CLE credits   25 th Anniversary Celebration of the New Jersey Lawyers Assistance Program Thursday, Sept. 12 | 6 p.m. New Jersey Law Center, New Brunswick ...
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Several cases that will impact the way lawyers practice law are expected to be heard by the state Supreme Court in the next term. The New Jersey State Bar Association (NJSBA) has sought amicus curiae status in matters where the Court will: decide what duty is owed by a lawyer to an unknown third party who contributed to moneys being held in trust by a lawyer, examine retainer agreements, and address the admissibility of drug recognition expert testimony in criminal cases. Meisels v. Fox Rothschild The NJSBA argued that the duty to honor a client’s wishes under the Rules of Professional Conduct 1.2 does not require an affirmative obligation on the part ...
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In the typically quiet summer months when the Legislature is on break, all eyes are on the Governor’s Office, waiting to see what bills will be signed into law. The governor recently signed a group of bills of interest to members of the New Jersey State Bar Association. Auto insurance The governor signed a pair of bills drafted to clarify a split in the courts resulting from what practitioners consider a controversial decision in the case of Haines v. Taft . S-2432/A-5371 (Scutari/Downey) and S-3963/A-5639 (Scutari/Downey) clarify the Legislature’s intent regarding the application of personal injury protection (PIP) coverage on the recovery of uncompensated ...
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After touring vineyards on vacation in the Napa Valley in 2013, Ralph J. Lamparello had settled down to enjoy a glass of wine when his cell phone rang. Governor Chris Christie was on the line, and the then-president of the New Jersey State Bar Association (NJSBA) excused himself to take the call outside. This was no social call. After complaining about Lamparello’s criticism of him in the press, Christie told him he was not going to nominate state Supreme Court Justice Helen Hoens for reappointment. The move was an assault on the independence of the Judiciary, and Lamparello would have none of it. The conversation quickly became heated and the two argued ...
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Every year at Thanksgiving, before my family sits down to eat dinner, we spend the day at my restaurant in Jersey City feeding anyone and everyone from the neighborhood who needs a meal. We don’t take a bite until each visitor has a chance to fill their plate. All are welcome, and I am always humbled by the parade of people who come in. They include homeless individuals, people with jobs who are just scraping by each week, and families with children. I am honored to be able to feed them and appalled that we live in a society where people, particularly kids, are hungry. As a mother and restaurant owner, there are few things more important to me than ...
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The New Jersey State Bar Association filed a motion seeking to participate as amicus curiae before the Supreme Court on the question of whether the category of “not established” under the child welfare laws is constitutional. In the matter of S.C. v. DCPP , the Supreme Court is being asked to decide whether a parent/caregiver is entitled to a hearing to appeal a finding by the Division of Child Protection and Permanency of “not established” following an investigation of abuse or neglect. Under the current law, the finding of “not established,” permitted pursuant to regulation, is made when there is not a preponderance of the evidence indicating abuse and ...
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Warding off hackers is a real concern that all New Jersey lawyers need to think about these days. The NJSBA's cybersecurity team recently shared a warning that people should take extra precautions when using file sharing services. The New Jersey Cybersecurity & Communications Integration Cell warned that hackers are effectively mimicking a wide variety of email messages from essentially all file sharing services like OneDrive, SharePoint and most recently Box. "Box is a trusted file sharing platform used by 95,000 companies across various industries. The phishing email appears to be from a known or otherwise legitimate user and contains an embedded ...
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Camelia M. Valdes has served as the chief law enforcer in Passaic County for a decade. She began her tenure in 2009, when she became the first Latina county prosecutor in the state. Valdes manages a staff of nearly 200 lawyers, detectives and support staff, and her office has an annual budget of roughly $20 million. As the Passaic County prosecutor she oversees 16 municipal police departments and the police departments of William Paterson and Montclair State universities. She began working as a municipal prosecutor in Newark after law school, and has also been a state deputy attorney general and an assistant U.S. attorney in Newark. She was a featured ...
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Last year, a New Jersey State Bar Association (NJSBA) committee examining the attorney advertising rules acknowledged that technology has opened new avenues for attorney solicitations and advertising that have the potential of colliding with the current advertising and ethical rules, particularly those intended to prevent direct solicitation during times when an individual is most vulnerable, like in the immediate aftermath of a disaster. In recommending that the 30-day ban on solicitations following a mass disaster be expanded to apply to all accidents, the ad hoc committee noted that technology changes provide new reasons for such a ban that did not exist ...
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An ocean view, briny air and the sound of seagulls were a fitting backdrop to a recent New Jersey Institute for Continuing Legal Education (NJICLE) seminar on the lore and laws of the Jersey shore, held at McLoone’s on the Asbury Park boardwalk. The popular seminar featured Dominick Mazzagetti, author of “The Jersey Shore: The Past, Present and Future of a National Treasure,” and elected officials including state Senator Vin Gopal, whose district covers portions of Monmouth County; Amy Quinn, deputy mayor of Asbury Park; Spring Lake Mayor Jennifer Naughton; Point Pleasant Beach Mayor Stephen D. Reid; and Bradley Beach Mayor Gary Engelstad,. A VERDICT VIA ...
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