table of contents
2. US Fed News, “IRS ANNOUNCES
ADDITIONAL AGREEMENTS TO ASSIST DISASTER VICTIMS,” January 5, 2006
8. Palm Beach Daily Business Review,
“Lawyers rebound in New Orleans,” October 17, 2005
9. Los Angeles Times, “A LONG ROAD TO
RECOVERY,” October 5, 2005
10. New Jersey Law Journal, “Topical
Index to Articles,” October 3, 2005
3
of 110 DOCUMENTS
Copyright 2006 HT Media Ltd.
All Rights Reserved
US Fed News
February 3, 2006 Friday
5:09 AM EST
LENGTH: 469 words
HEADLINE: REP. CYNTHIA MCKINNEY WANTS
MORE ACTION, REAL PROGRESS FOR KATRINA EVACUEES, COMMUNITY
BYLINE: US Fed News
DATELINE: WASHINGTON
BODY:
Rep. Cynthia McKinney, D-Ga. (4th CD), issued
the following press release:
Hurricane Katrina landed August 29, 2005,
five months later, Katrina evacuees are still unsettled and up in the air. Once
again, Katrina victims who relied on the professionalism and responsibility of
the federal government to plan for such disasters are now being thrown in the
eye of another storm.
To assist in bringing direct action and
service to the people who need it most, and the communities that have opened
their doors to them, Congresswoman Cynthia McKinney will host a Katrina Town
Hall Meeting Saturday, Feb. 4, 2006, from 10:00 a.m - 12:00 p.m. at Georgia
Perimeter College-Clarkston Campus, in the Jim Cherry Learning Center
Auditorium, located at 555 N. Indian Creek Drive, Clarkston, GA 30021.
Katrina evacuees and other concerned
constituents will have the opportunity to ask questions directly to representatives
from the following agencies: Federal Emergency Management Association (FEMA);
US Department of Housing and Urban Development (HUD); The US Small Business
Administration - Disaster Relief Division (SBA); attorneys who have been
focused on the legal rights of Hurricane Katrina evacuees; and a representative
from the Insurance Information Institute.
Katrina relief remains a hot topic, as a
result of recent Senate and Congressional hearings. Reports reveal the White
House's refusal to release relevant administration documents that should have
been publicly disclosed. New information points to a failure in federal
government response, specifically with diverging from the National Response
Plan. Some documents also uncovered evidence of inept leadership from the
Homeland Security Secretary, and a complete breakdown of communication between
federal, local and state agencies.
The meeting will address insurance, housing
and other pressing concerns facing displaced evacuees trying to rebuild their
lives. Invited panelists will provide information on their responsibilities and
current agency updates, which will be followed by a Q&A. It is estimated
that 10,000-12,000 displaced Katrina evacuees now reside in DeKalb County, with
over 40,000 evacuees in the Atlanta Metro area alone.
States Congresswoman McKinney. "What
struck me the most was the blatant disregard of one of the greatest natural and
national disasters ever to hit U.S. shores. The President reconfirmed that for
me, when he failed to address the serious concerns of all Americans with regard
to the Katrina relief efforts and a realistic plan for the Gulf Coast Region
during his State of the Union Speech this week. Failing to address the fact
that thousands of Americans will be left homeless in the upcoming weeks is
unacceptable. America has been punched in the face, and the black eye can be
seen all over the Gulf Coast."
LOAD-DATE: February 5, 2006
2. US Fed News, “IRS ANNOUNCES ADDITIONAL AGREEMENTS TO ASSIST
DISASTER VICTIMS,” January 5, 2006
18
of 110 DOCUMENTS
Copyright 2006 HT Media Ltd.
All Rights Reserved
US Fed News
January 5, 2006 Thursday
11:10 PM EST
LENGTH: 788 words
HEADLINE: IRS ANNOUNCES ADDITIONAL
AGREEMENTS TO ASSIST DISASTER VICTIMS
BYLINE: US Fed News
DATELINE: WASHINGTON
BODY:
The U.S. Department of the Treasury's Internal
Revenue Service issued the following press release:
The Internal Revenue Service announced today
that four additional tax professional organizations have agreed to partner with
the agency to provide assistance to taxpayers at local disaster recovery
centers established by the Federal Emergency Management Agency (FEMA).
The National Association of Tax Professionals
(NATP), the American Bar Association (ABA) Section of Taxation, the National
Society of Accountants (NSA) and the National Association of Black Accountants
(NABA) are the latest organizations to join IRS employees in staffing disaster
recovery centers and assisting taxpayers affected by recent hurricanes.
This adds to agreements signed earlier with
the American Institute of Certified Public Accountants (AICPA), the National
Association of Enrolled Agents (NAEA) and the American Association of
Attorney-Certified Public Accountants (AAA-CPA).
When the President designates an area to
receive federal disaster assistance, FEMA opens local disaster recovery centers
where individuals and businesses may register for disaster aid. IRS assigns
employees to staff these local centers to provide tax assistance to taxpayers.
Currently, employees and volunteers are providing tax assistance in dozens of
FEMA sites.
"These partnerships will provide
important help to taxpayers who need assistance after disasters," said IRS
Commissioner Mark W. Everson.
Assistance includes aiding with the
preparation of tax returns and claims, providing copies of transcripts and returns,
distributing disaster relief kits and answering questions about casualty losses
and other issues.
Speaking on behalf of the NATP, Paul
Cinquemani, Director of Government Relations, said, "NATP is pleased to
support relief efforts for disaster victims. Working jointly with the IRS has
enabled NATP to focus referrals of volunteer help where it is most
needed."
Members of the National Association of Tax
Professionals (NATP) assist taxpayers with tax preparation and planning. NATP
is a nonprofit professional association founded in 1979 and provides
professional education, tax research, and products to its members. NATP exists
to serve professionals who work in all areas of tax practice and has more than
17,500 members nationwide. Members include individual tax preparers, enrolled
agents, certified public accountants, accountants, attorneys and financial
planners.
"The ABA Section of Taxation looks
forward to providing this opportunity for its members to work with the IRS in
assisting those individuals and businesses whose lives and livelihoods have
been disrupted by Hurricanes Katrina, Rita, Wilma and others. As tax season
approaches, we know there will be a great need for assistance, and our members
are standing by to help in whatever ways they can," said Dennis B.
Drapkin, Chair, American Bar Association Section of Taxation.
The American Bar Association Section of
Taxation is the national voice of tax lawyers with approximately 19,000 lawyers
nationwide. Its goals include helping taxpayers better understand their rights
and obligations under the tax laws and working to make the tax system fairer,
simpler and easier to administer.
The National Society of Accountants (NSA) is
the preeminent organization for professionals who provide accounting, tax and
related financial services to individuals and small businesses. The mission of
the National Society of Accountants is to foster the free enterprise system and
serve NSA members, and thereby the public, by providing members with
information, resources and representation.
The National Association of Black Accountants
(NABA) has been the leader in expanding the influence of minority professionals
in the fields of accounting and finance. NABA seeks to promote and develop the
professional skills of its members, encourage and assist minority students in
entering the accounting profession, provide opportunities for members to
fulfill their civic responsibility and to represent the interests of current
and prospective minority accounting professionals.
More information regarding disaster tax
relief may be found on the IRS's Web site at irs.gov.
* For IRS and AICPA Announce Agreement to
Assist Disaster Victims, see
http://www.irs.gov/newsroom/article/0,,id=147326,00.html
* For IRS Announces Additional Agreements to
Assist Disaster Victims, see
http://www.irs.gov/newsroom/article/0,,id=148293,00.html
* To help Katrina Victims: Information on Tax
Relief, Charitable Issues, see http://www.irs.gov/newsroom/article/0,,id=147085,00.html
* For Katrina News Releases & Legal
Guidance, see http://www.irs.gov/newsroom/article/0,,id=148203,00.html
LOAD-DATE: January 7, 2006
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Copyright 2005 Inside
Washington Publishers
All Rights Reserved
Risk Policy Report
December 20, 2005
SECTION: Vol. 12 No. 50
LENGTH: 1242 words
HEADLINE: Activists Weigh Litigation As
EPA Downplays Risks From Hurricane
BODY:
EPA and
the Louisiana environment department's recent conclusion that Hurricane Katrina
did not create long-term environmental health threats may play a key role in
litigation that environmentalists are considering against the federal
government to force additional health warnings and cleanup of affected areas.
At the
same time, a community task force that reports to New Orleans Mayor Ray Nagin
(D) is drafting a report that may go to Congress early next year that will call
for a full-scale cleanup of the area and any necessary federal funding.
The
Louisiana Department of Environmental Quality (LDEQ), EPA and other federal
agencies released a comprehensive analysis Dec. 9 concluding there are no
long-term health risks from environmental contamination in southeast Louisiana,
with the exception of an oil spill that is now undergoing cleanup. The report
was spearheaded by Coast Guard Vice Admiral Thad Allen, who is overseeing the
hurricane response. Relevant documents are available on InsideEPA.com.
The
analysis, conducted by EPA and the state, examines contaminated sediment in the
area. The report finds the sediment does not pose any chronic health threats,
though it urges residents that come in contact with the sediment to exercise
caution.
The state
and EPA are also conducting follow-up testing in areas where contaminant levels
exceeded EPA and state exposure standards, and if necessary they may pursue a
cleanup in coordination with the Federal Emergency Management Agency (FEMA),
the report says.
"In
general, the sediments located in areas flooded by the hurricanes in Orleans,
St. Bernard and Plaquemines Parishes are not expected to cause adverse health
effects, provided people use common sense and good personal hygiene and safety
practices," the report says.
However,
environmentalists argue that EPA and other federal agencies have a legal
obligation to conduct additional sampling and pursue a cleanup. Several
environmental groups sent a Dec. 12 letter to EPA Administrator Stephen Johnson
and several FEMA officials, charging that EPA skirted its obligations under
Superfund law for responding to hazardous releases.
Environmentalists
argue that EPA has not used stringent enough standards to determine whether the
sediment poses a long-term threat to public health, particularly given the
long-term cancer potential of sediment containing arsenic. EPA used state
screening standards for arsenic of 12 milligrams per kilogram (mg/kg), which is
far higher than an agency screening level of 0.39 mg/kg.
"EPA's
current reliance on differing state standards is at odds with EPA's oversight
responsibility under the currently activated National Contingency Plan within
the Hurricanes Katrina and Rita federal disaster areas," the groups wrote.
"This is most apparent when the EPA utilizes, without any opportunity for
public input or comment, environmental health criteria far less stringent than
federal safeguards."
The
groups are also pushing FEMA or EPA to initiate a cleanup based on its
obligations under the National Response Plan (NRP), which is a comprehensive
approach for responding to disasters. "Sedimentation, several inches to
several feet thick in some areas, is clearly debris that must be removed by
FEMA (or other designated lead response agency such as EPA)" under the
NRP, the letter says.
Environmental
groups that signed the letter include Advocates for Environmental Human Rights,
the Natural Resources Defense Council (NRDC), Physicians for Social
Responsibility--Louisiana, Deep South Center for Environmental Justice,
Louisiana Environmental Action Network and the Sierra Club.
FEMA
officials did not respond to requests for comment on the hurricane response.
An
environmentalist says some groups are considering litigation against EPA over
its alleged failure to comply with non-discretionary requirements in Superfund
and other laws to protect the environment and human health. "We're still
looking at all our options" when it comes to a possible lawsuit, the
source says.
At a
congressional hearing earlier this year, NRDC Senior Attorney Erik Olson argued
that EPA was required under the National Contingency Plan, Clean Water Act, and
Resource Conservation & Recovery Act to respond to environmental health
threats caused by the hurricane.
"With
respect to the Katrina response, EPA has the legal authority and both the moral
and legal obligation to ensure that the health of citizens potentially exposed
to toxic chemicals as a result of hazardous substances or oil releases is fully
protected," Olson told the House Energy & Commerce subcommittee on
environment & hazardous materials on Sept. 29.
At the
same time, it is unclear which environmental groups, if any, will decide to
pursue litigation challenging EPA's hurricane response. A second
environmentalist says the agency told environmental groups in a recent meeting
that FEMA had authority to direct any sediment cleanup, and as a result the
next step may be to exert pressure on FEMA.
An EPA
spokeswoman confirms that FEMA has authority over sediment removal, which would
likely be carried out by the Army Corps of Engineers. However, the source says
EPA will continue to sample for contamination. "While EPA is responsible
for testing sediment in the areas affected by Hurricane Katrina, FEMA will
determine the need for sediment removal, which, in general, would be conducted
by the Army Corps," the source says.
EPA could
also use the recent findings that no long-term health risks likely exist as a
defense in any future litigation claiming it skirted its responsibilities.
And an
LDEQ official stands by the conclusions predicting no long-term health impacts,
and says it is more appropriate to use state screening standards rather than
EPA's. The official says it would be misleading to use EPA's screening level,
because it is meant to be a starting point for risk assessments and not a
trigger for an immediate cleanup.
"I
find it a little troubling the way people are misusing the screening
standards," the source says, adding that EPA "says clearly that
they're not intended to be cleanup standards or remedial goals."
Meanwhile,
a subcommittee within Nagin's Bring Back New Orleans Commission, composed of a
variety of officials outside the city government, is drafting recommendations
to the mayor to demand that Congress fund an environmental cleanup of
contaminated sites in the area.
A source
with the commission's subcommittee on sustainability says the recommendations
-- if the mayor agrees to them -- will form "the blueprint for which we
could use the funds" for an environmental response to Katrina. The subcommittee
hopes to convince the mayor to "demand of the federal government"
that EPA or other federal agencies remove the contaminated sediment, the source
says.
This
source argues the new LDEQ analysis confirms their argument that more testing
is needed on environmental health threats, since the report notes that
residents should be cautious about their contact with the sediment.
"The
most pressing issue and the most immediate one is the soil contamination,"
the source says. "There's still, in our opinion, enough data to make that
all-clear kind of hasty."
The
source adds that environmental contamination is an emerging concern in the
business community as well as for environmentalists, because of the threat to
real estate values. "Right or wrong, the perception is that these are
contaminated areas," the source says.
LOAD-DATE: December 20, 2005
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Copyright 2005 PR Newswire
Association LLC.
All Rights Reserved.
PR Newswire US
December 12, 2005 Monday
10:20 AM GMT
LENGTH: 752 words
HEADLINE: Hurricane Katrina, Supreme
Court Named Top Legal Issues of 2005
DATELINE: EAGAN, Minn. Dec. 12
BODY:
EAGAN,
Minn., Dec. 12 /PRNewswire/ -- There was
sweeping change across the U.S. in 2005 -- from the Supreme Court to the Gulf
Coast. Hurricane Katrina, the shuffling of the U.S. Supreme Court and the
battle over the new bankruptcy law topped the charts as the key legal issues of
the year, according to a survey of Thomson West authors, all top lawyers and
legal scholars in their fields.
Hurricane
Katrina
While the
events surrounding Hurricane Katrina are just beginning to make their way into
the courts, the disaster and its lasting effect on the Gulf Coast made
headlines this year, and the expected legal fallout made Katrina one of the top
legal issues of 2005.
"Although
technically not a legal event, I think Hurricane Katrina and the other natural
disasters of 2005 will have continuing legal fallout. Contracts were broken,
employment was lost, leases were abandoned, and all these issues may result in
significant litigation for some time," says Dee Pridgen, author of
Consumer Credit and the Law, 2006 ed. and Consumer Protection and the Law, 2005
ed. "Also, in the rebuilding, there may be issues regarding home repair
scams, foreclosure scams and other overreaching of consumers."
Supreme
Court
The legal
shift of the U.S. Supreme Court will have an impact for decades to come.
Although the court's shuffling with a new chief justice and the retirement
announcement of Sandra Day O'Connor made the headlines in 2005, experts cited
the Kelo v. City of New London decision, which ruled that municipalities can
use eminent domain to seize private property in order to turn it over to a
private developer, as the most important Supreme Court case of 2005.
James
Kushner, author of Subdivision Law & Growth Management, commented that
Congress and individual states are free to enact legislation to restrict use of
eminent domain to seize property for private development. Many states had done
so even before the Kelo decision, and other states are now considering such a
move.
"Many
people mistakenly believed the ruling would lead to wholesale condemnation of
people's homes to benefit private developers," said Kushner. "But the
court ruled any such taking of private property has to be part of a comprehensive
development plan that provides appreciable economic benefits to the
community." He worries that states and Congress may be overreacting to the
ruling, restricting eminent domain uses to the point where it hinders cities'
economic development efforts.
Bankruptcy
Reform
Experts
both for and against the new law say it is one of the most important pieces of
legislation enacted in 2005. "The Bankruptcy Abuse Prevention and Consumer
Protection Act, which took effect Oct. 17, 2005, works a sea of change in
bankruptcy law by restricting access of individual debtors to Chapter 7
bankruptcy relief. The law heavily favors secured creditors and taxing entities
to the detriment of unsecured creditors," said Judge Joe Lee, author of
Bankruptcy: A Practice Systems Library Manual.
At the
same time, many experts say that negative reactions to the law are overstated.
Hugh Ray, author of Creditor's Rights (Texas Practice Guide), was one of the
attorneys invited to the White House for the bill's signing. Ray said,
"The positive aspects of the new bankruptcy law are shorter and less
expensive bankruptcies, as well as fewer bankruptcies. People can't file over
and over. It's something that's different and requires education on the part of
lawyers and the public. The overall impact of the new law will create a more
stable bankruptcy system that's more understandable."
Respondents
also highlighted class action reform legislation, government contracting and
procurement process issues raised during the Iraq war and Katrina, U.S. v.
Booker, which struck down federal sentencing guidelines, and court decisions
relating to the Guantanamo Bay detainees as top legal issues in 2005.
NOTE TO
EDITORS: Those polled are Thomson West authors who are leading experts in areas
ranging from constitutional law and litigation to employment law and civil
rights. For the full survey results or to interview one of Thomson West's
authors, contact Angelique Schaffer at (651) 848-8860 or angelique.schaffer@thomson.com . Visit the Thomson West Expert Directory
at http://west.thomson.com/news/experts/ for knowledgeable sources on today's legal
issues.
CONTACT: Angelique Schaffer of Thomson West,
+1-651-848-8860,
angelique.schaffer@thomson.com
Web
site:
http://west.thomson.com/news/experts
SOURCE
Thomson West
URL: http://www.prnewswire.com
LOAD-DATE: December 13, 2005
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Copyright 2005 Dolan Media
Newswires
The Legal Ledger (St. Paul,
MN)
December 1, 2005
SECTION: NEWS
LENGTH: 1411 words
HEADLINE: MNs director of Homeland
Security helps state prepare for the worst
BYLINE: Charley Shaw
BODY:
Kris
Eide, who grew up in a military household during the Cold War, remembers her
parents insisting that the family be prepared for the worst in case of a war
between the Soviet Union and United States. As the new director of the state
Homeland Security and Emergency Management (HSEM) Division, Eide is responsible
for finding ways to make Minnesotans ready for the worst in a 21st century
world fraught with natural disasters and terrorist attacks.
A veteran
state employee, she started as an emergency planner in the state's nuclear
power plant program. She later became an assistant director for operations and
planning at what was then called the Division of Emergency Management and
became the head of fiscal and administrative services at the Department of Public
Safety (DPS). HSEM, which has 56 employees, is a division within public safety.
Eide
talked with the Legal Ledger this week about the state's role in handling
emergencies.
Legal
Ledger: What has your job involved in the days since you became director?
Eide:
It's been a whirlwind so far. I came in right after we had been responding to
accepting evacuees from Katrina.
So we've
been involved in the interim sheltering program that has been a little bit
complicated because of the issues of those folks coming up here, not having
identification and not having a place to stay and having some of their federal
aid being a little bit delayed. It's been interesting in working with those.
Also in dealing with the lessons that we learned by watching what Louisiana did
and shouldn't have done or should have done and didn't do. How they worked with
the new format of homeland security and being underneath that with such a large
response. Pulling all those lessons learned together and doing some legislative
hearings on that.
Legal
Ledger: I'm curious to ask, then, in the fallout from Katrina, have you been
able to identify some lessons from that?
Eide: We
did learn some major lessons that I shared with the joint committee of the
Public Safety policy and finance and then the Health and Human Services policy
and finance committees. Some of those were that we really do our planning for
the types of incidents we would have here. And we obviously don't have the
hurricane situation. But we do need to look at some catastrophic events. We are
looking at possibilities of maybe needing to evacuate larger areas than we had
been planning for. We're working with the local units of government. That's
really where the rubber hits the road. They do a great job at looking at all
those different things and keeping an eye on what's happened in other places
and keeping their own plans.
Legal
Ledger: It seems like with the Katrina evacuees who came here, a number of
things were brought to bear on state government, including educating children
and housing issues. How much of your job involves coordinating federal, state
and local units of government?
Eide:
That really is our mission. We really are the coordinating agency for a lot of
those types of issues. We have a forum here for the emergency preparedness and
response committee. We have a senior advisory committee with state agencies on
it, also, dealing with homeland security issues. That also has people from the
federal government on it. It has people from tribal governments on it and local
government. We have really a format to deal with that coordinative issue. We
also are the governor's authorized representative for funding for those types
of things. So the grant funding that came in for picking up some of the costs
that agencies expended in dealing with the survivors from Katrina - we get the
money in here and we distribute it to the different agencies and to the local
units of government.
Legal
Ledger: Within Minnesota, are there particular homeland security threats or
potential disasters that are of concern?
Eide:
Each individual county and city has a hazard analysis. And that encompasses
human- caused and natural disasters. We also then look at past disasters for
what is a threat to human life, what's a big economic issue, how many times it
happens, how much money it costs. All those types of things we take a look at.
We take a look at our capabilities. That's also on the homeland security side.
What are our capabilities to address some of the issues that the federal
government has determined will be large threats? Our planning in the future is
working toward these different scenarios that the federal government has
determined are the national priorities. So our plans have to fit into those
areas.
Legal
Ledger: Is there a certain amount of interstate communication that the federal
government is asking you to do, to basically be able to talk to other states in
moments when interstate calamities occur?
Eide: We
have a few forums for that. For the actual sharing of resources, we are part of
an emergency management compact. And actually I believe that 49 of the 50
states are part of that compact. We deployed a lot of resources during Katrina
and following Katrina. It's actually in statute that we can be a member of this
compact. Every region has a coordinating state and a particular time frame, and
that's passed among the states in the region.
The requesting states put through a request to all the states in the
compact, and then we try to see if we have resources that match that request.
Then, when it's all said and done, we put in for reimbursement, and we get the
funds reimbursed from the requesting state. It started a few years ago, and we
really have it up and running, and it was quite effective during the Katrina response
and recovery.
Legal
Ledger: What do you see as the main tasks that you will address in the future?
Eide:
Trying to find that happy medium between homeland security and emergency
management. The human-caused and the natural disasters. We have to strike a
balance. We have to make sure we're prepared for the human-caused incidents but
still able to respond to the natural-caused ones, which could be catastrophic
if something happened from the terrorism side. The probability may be less than
something on the natural side, but striking that balance is a really big thing.
Another issue that has been an issue for a long time and will continue to loom
is the lack of staffing that the local emergency management offices have. This
has become a huge job. It's a profession. It's a mission. Every local
jurisdiction is responsible for having an emergency management program and plan
and director. Unfortunately, it's not one of those things that are funded
adequately from all levels. We have some places with 10 percent people. Ten
percent of a person is emergency management director. That might have been okay
before. But it's really not OK anymore. There's just too much work and too much
focus and too much potential damage that could be done if you're not going
adequately prepared.
Legal
Ledger: In your comments to the legislative committee a little while ago, you
mentioned that communication with the federal government might need some work.
What are some of the problems there?
Eide: We
have a great relationship with FEMA. Historically, we always have dealt with
FEMA. There is no longer a cabinet-level agency; it's under the Department of
Homeland Security. I think a lot of that response and recovery has gotten lost
in the federal Department of Homeland Security. They're kind of dismantling
FEMA a little bit at a time. I think that's a big issue that we at the National
Emergency Managers Association will be dealing with on a nationwide basis. DHS
has taken preparedness now out of FEMA, and I don't think you can separate
preparedness and response.
Legal Ledger:
Is there a concern that bird flu might end up here?
Eide: We
always have to be concerned that any disease outbreak is going to end up here
because of the travel that people do. Whether it's the avian flu or it's some
other strain, we still have to make sure we're prepared. It's not only a health
issue, it's a continuity of operations issue. Business continuation, the
continuity of government. It's really looking at what we have in place. What do
we have in place with our businesses of continuing to be economically viable?
How are we going to prioritize anti-virals and vaccines? We have to work
together with state agencies and local public health and local emergency
management and local business groups too on how to deal with the limited number
of anti-virals and vaccines that we can get.
LOAD-DATE: December 1, 2005
46
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Copyright 2005 Federal
Information and News Dispatch, Inc.
Department of Homeland
Security Documents
November 18, 2005
SECTION: FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA)
LENGTH: 387 words
HEADLINE: Law Students and Attorneys
Offer Legal Assistance
TEXT: MONTGOMERY, Ala. -- Residents
and evacuees affected by Hurricane Katrina can now take advantage of free legal
assistance offered by the University of Alabama, the Alabama State Bar
Association (ABA) and Legal Services Alabama (LSA).
Law
students from the University of Alabama are donating their time to help persons
affected by the hurricane. The students, along with volunteer Tuscaloosa area
lawyers, are part of the Hurricane Katrina Legal Assistance Project. The
undertaking is part of the Public Interest Institute and the Clinical Law
Program at the University of Alabama School of Law. Students are paired with
lawyers to research a problem an evacuee is having. Over eighty students and
lawyers are currently helping evacuees obtain information about what kind of
issues the evacuees face. The team can also answer questions evacuees might
have about general legal issues. The Hurricane Legal Assistance Project can be
reached at 205-348-8302 or pii@law.ua.edu.
The ABA
Young Lawyers Section has partnered with the Alabama Emergency Management
Agency and the U.S. Department of Homeland Security's Federal Emergency
Management Agency (FEMA) to ensure that hurricane victims have legal assistance
if they need it. Residents and evacuees can call the Disaster Legal Services
line to get more information about what assistance is available. The toll free
number is 800-354-6154. The line is available Monday through Friday from 8 a.m.
to noon, and from 1 p.m. to 5 p.m.
Legal
Services Alabama (LSA), a statewide non-profit organization that provides legal
counseling to the elderly and to low income families, is also helping Katrina
victims who might otherwise not be able to afford legal assistance. Individuals
and families who suffered losses can contact LSA at 877-393-2333. The number is
available Monday through Friday from 8 a.m. to 5 p.m.
The
programs can offer legal guidance on a number of different topics, including:
Health
and Medical issues
Avoiding
fraud during repairs
Housing
issues
Unemployment
Assistance
Family-related
legal issues
"Legal
aid is an important part of the recovery effort." said Federal
Coordinating Officer Michael Bolch. "I know the help of law students and
volunteer attorneys is appreciated by the people whose lives were disrupted and
changed by Katrina."
LOAD-DATE: November 21, 2005
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Copyright © 2005 American
Bar Association
ABA Journal
November, 2005
91 A.B.A.J. 6
LENGTH: 708 words
SECTION: President's Message
TITLE: A CALL TO ACTION: We Must Do
Everything in Our Power to Help the Hurricane Victims
AUTHOR: Michael S. Greco
TEXT:
AMERICA'S
LAWYERS ARE STEPPING up to provide desperately needed free legal assistance to
victims of Hurricane Katrina and Hurricane Rita. These natural disasters have
caused enormous human tragedy, but they have also precipitated one of the
greatest legal services crises in our history.
The
staggering and unprecedented level of human suffering experienced by victims of
Hurricane Katrina fills us with great sorrow. While the damage resulting from
Hurricane Rita was not as extensive, many people living in its path will
require legal assistance as well.
The
economic impact of the damage is vast, with ripple effects that will be felt
for years to come. The unique culture, history and environment of the Gulf
Coast region are also endangered. In the end, the social dislocation and upheaval
left by the hurricanes may be the most difficult to assess and remedy. We must
now rebuild not only cities, towns and industries, but also lives that have
been shattered by these disasters. How will we do it?
PURSUING
JUSTICE
ONE
ANSWER LIES IN THE PURSUIT of justice for the victims, who are experiencing
almost every conceivable legal need. As lawyers, we must do everything in our
power to ensure that the people of Alabama, Louisiana, Mississippi and Texas
have the help they need to address the legal issues they will face in the short
term and in the years to come.
The
organized bar has responded quickly to this crisis. The ABA immediately set up
24-hour hotlines in the affected states for people needing legal assistance.
Even before Katrina had run its devastating course, the ABA formed the Task
Force on Hurricane Katrina, chaired by former ABA President N. Lee Cooper of
Birmingham, Ala. We established a Web site, www.abanet.org/katrina. to provide
legal information to victims and to recruit volunteer lawyers to help them.
In the
weeks following the hurricanes, thousands of lawyers signed up to donate their
services. We began working with state and local legal aid providers and bar
associations to match lawyers with people in need, and our efforts are ongoing.
Those
affected by the hurricanes need help re-creating identification and ownership
records, and replacing wills and other lost documents. They need help with
insurance claims, mortgage foreclosures and estate administration. As they work
to rebuild their lives, homes and businesses, they will need help with consumer
protection issues and repair contracts. Children separated from parents or
orphaned are among the most vulnerable. Experienced and dedicated attorneys are
needed to ensure that guardianships and conservatorships are executed in the
best interests of children and families.
Thousands
of lawyers, many of them ABA members, live or work in areas affected by the hurricanes.
We are helping them re-establish their practices. In the weeks after the
hurricanes, hundreds of law firms contacted the ABA to offer temporary office
space for displaced lawyers.
The scope
of these disasters requires solutions that are big, bold and far-reaching. That
is why the ABA is executing a coordinated, long-term strategy to address the
legal needs of victims and to restore the justice system in affected areas. The
task force has reached out to other organizations and government agencies to
coordinate the legal response to the hurricanes. The ABA has also assisted
federal and state courts in affected areas.
As the
scope of the victims' legal needs becomes more apparent, America's lawyers are
answering the call to duty. These disasters will require unprecedented pro bono
legal assistance and stronger advocacy for increased funding of legal aid
programs. The ABA and its 407,000 members are leading the way. We will provide
free legal services to all hurricane victims who cannot afford a lawyer for as
long as it takes to get them back on their feet.
I commend
all lawyers who are doing their part to help those affected by Katrina and
Rita, and I urge every lawyer in America to volunteer. There could be no
clearer definition of public service than helping the victims of this disaster.
This is a defining moment for the legal profession. Now is the time for all
lawyers to demonstrate to the American people what our profession stands for.
GRAPHIC: Photo, Michael Greco: This is
a defining moment for lawyers. ABAJ/(c)JODI HILTON
8. Palm Beach Daily Business Review, “Lawyers rebound in New
Orleans,” October 17, 2005
82
of 110 DOCUMENTS
Copyright 2005 ALM
Properties, Inc.
All Rights Reserved
Palm Beach Daily Business
Review
October 17, 2005 Monday
SECTION: COMMENTARY; Pg. 6 Vol. 52 No.
8
LENGTH: 828 words
HEADLINE: Lawyers rebound in New
Orleans
BYLINE: William H. Hines
BODY:
Recent
news articles in a variety of publications and blogs reporting the demise and
chaos of the New Orleans legal community following Hurricane Katrina were
exaggerated and, frankly, dead wrong.
With more
attorneys based in New Orleans and more lawyers in Louisiana than any other law
firm, we relocated 145 of our attorneys from our New Orleans office following
the devastating storm and resulting floods. But, like the more than 7,500
lawyers practicing in the greater New Orleans area, we were up and running and
representing clients from our other office locations within a few days of
Katrina's landfall. As with many Gulf Coast lawyers, we responded, and continue
to respond, quickly and creatively to clients' needs, as they face challenges
to their businesses and to their personal lives.
With
advance planning, firms were relocated and operating within a few days of
Katrina. Our firm, like many of our clients, had a well-reasoned disaster
recovery plan that was executed with great efficiency.
The use
of technology was critical in allowing attorneys to work remotely, to move to
other office locations seamlessly and to retrieve sensitive and critical
documents in a timely manner. We were in the same position as many of our clients,
and we pooled our resources, talents and knowledge to restore our systems and
businesses quickly, while relocating our families to new communities and our
children to new schools. Some of our attorneys and their families have even
evacuated a second time with the landfall of Hurricane Rita, coming just weeks
after Katrina.
Rumors
that legal documents were lost and evidence destroyed, reports that property
records had washed away in flood waters and speculation about legal communities
being decimated generally were greatly exaggerated. But catastrophes like
Hurricanes Katrina and Rita often lead to misinformation. The reports of
widespread looting, lawlessness and other atrocities are now accepted as having
been overstated by the media. At a time when lives and communities are so
disrupted, this sensational journalism is unnecessary and damaging to the
recovery efforts.
Contrary
to some news reports, we do plan on returning to New Orleans, and we have been
advocating on behalf of the region at the local, state and federal levels to
ensure that the area and its residents receive the recovery assistance needed
to rebuild a region that is critically important to the long-term economic,
social and cultural well-being of our entire country.
We will
switch operations back to New Orleans swiftly and, by doing so, will jump-start
other businesses so vital to the greater New Orleans region's revival. We hope
to utilize renaissance plans for the greater New Orleans region that were
already on the table and put the task of rebuilding the region's infrastructure
on the fast track.
Mayor Ray
Nagin, parish presidents and other elected officials throughout the region are
pulling together business and community leaders to plan for the rebirth of New
Orleans and the surrounding region. As with many cities destroyed in times of
war, natural disasters or human destruction, our city will be reborn,
revitalized and renewed through the determination, drive, inventiveness and
hard work that are so characteristic of our country.
The legal
community has long been a stable and strong influence in the fabric of life
along the Gulf Coast. Championing the legal rights of all citizens in pro bono
matters, serving as community leaders to build civic and charitable
organizations, creating new legislation to provide remedies to injustices,
advocating the rights of citizens in the courts and building the business
community through corporate representations have provided the South with a
robust economy that provides the nation and the international community with
valuable resources.
The legal
community will be an integral part of restoring this unique and valuable region
of the country, and our firm's attorneys and staff will embrace the challenge
of working with other community and business leaders to rebuild the region.
Yes, many
courts are closed for the time being, attorneys are redistributed throughout
the region and some court records may need to be reconstructed as the flood
waters recede. But the legal profession is all about helping clients solve
problems.
Katrina
posed a serious problem for the region, its lawyers and their clients, but we
are working together to solve those problems, rebuilding Gulf Coast communities
and bringing our businesses and families home as soon as we can. We look
forward to meeting the challenges ahead.
William
H. Hines is managing partner at New Orleans-based Jones Walker Waechter
Poitevent Carrere & Denegre. The firm's New Orleans attorneys are currently
working out of its offices in Baton Rouge, La.; Lafayette, La.; Houston;
Washington, D.C.; and Miami.
This
commentary first appeared in the National Law Journal, an affiliate of the
Daily Business Review.
LOAD-DATE: October 19, 2005
9. Los Angeles Times, “A LONG ROAD TO RECOVERY,” October 5, 2005
94
of 110 DOCUMENTS
Copyright 2005 Los Angeles
Times
All Rights Reserved
Los Angeles Times
October 5, 2005 Wednesday
Home Edition
SECTION: MAIN NEWS; Business Desk;
Part A; Pg. 1
LENGTH: 1334 words
HEADLINE: A LONG ROAD TO RECOVERY;
Change Sought to Cover Losses;
Mandatory national insurance for disasters such
as hurricanes and earthquakes is getting a serious look. Critics call it a
bailout for carriers.
BYLINE: David Streitfeld, Times Staff
Writer
BODY:
Hurricanes
Katrina and Rita exposed such major shortcomings in the nation's insurance
system that regulators from several states are drawing up plans for a national
catastrophe insurance program.
Its
backers argue that without a major overhaul, the current system will once again
perform miserably in a big California quake, a major terrorist attack or storms
that echo this season's in size and intensity.
Details
of the program are to be worked out at a summit in San Francisco next month led
by California Insurance Commissioner John Garamendi and his counterparts from
New York and Florida. One strong possibility is that the program will be
mandatory for all U.S. homeowners in the same way liability insurance is
required for car owners.
That
would eliminate the biggest problem with current forms of disaster insurance:
It's specialized and often expensive, so few buy it. That keeps the premiums
high, which keeps it unpopular. When a disaster hits, only a small percentage
of people are covered.
With a
national program, premiums would vary according to risk areas, with Gulf Coast
residents and Californians paying more than, say, Idahoans or Nevadans. The
insurance companies would administer the program and, in all likelihood, the
federal government would guarantee it.
The
proposal, which would have to be approved by Congress, is drawing fire from
consumer advocates, who fear it would be nothing more than a massive bailout of
the insurance industry.
Supporters
-- including California's Garamendi -- contend that the entire country is
already paying for disasters like Katrina, but after the fact.
"You
have a catastrophe, the president flies in, and the money falls out of the back
of Air Force One," Garamendi said.
With
Katrina and Rita, losses might total as much as $200 billion, at least half of
which was uninsured. "It's a government bailout," the commissioner
said. "It's inefficient, and extraordinarily expensive."
No one --
insurers, consumer advocates, regulators or local residents -- wants a replay
of Katrina and Rita. The storms ruined hundreds of thousands of homes, but
insurance may cover only a small fraction of the destruction.
Many
policyholders in Louisiana, Texas and Mississippi are being told that their
damage is the product of flooding rather than the wind that made the flooding possible.
Wind is covered in standard policies, but rising water isn't. Some people are
hiring their own adjusters to argue their case with insurance company
adjusters.
Only a
minority of homeowners had government flood insurance. Even those who did are
limited to $250,000 in coverage, which won't be nearly enough for some
waterfront mansions.
Insurers
have their own complaints. Industry officials say they can't develop computer
models for cataclysms. They say it won't take many more storms like Katrina to
drain their reserves.
The legal
battles promise to be lengthy and messy. The Mississippi attorney general is
suing insurers to force them to cover all storm damage, including flooding. A
flurry of private lawsuits seeks the same thing. A Mississippi legislator is
touting a proposal to allow people to buy flood insurance retroactively, a
concept that overturns every tenet of the insurance business.
The
Insurance Information Institute, an industry group, warns that if such efforts
prevail, the companies will leave the market.
"Is
there a lot of anger? Absolutely," said Louisiana Insurance Commissioner
J. Robert Wooley. "The insurance companies are being vilified."
The fury
isn't always justified, he added. Sometimes people have themselves to blame.
"Sixty percent of the people in America are underinsured. Maybe it's a
little lower nationwide, maybe higher here," said Wooley, an advocate of a
national plan.
The
situation is likely to repeat itself soon, maybe on the Gulf Coast, maybe
elsewhere, experts say. As large-scale catastrophes increase in frequency and
severity, fewer of the people affected are equipped to survive the events financially.
Several
converging trends are responsible.
More
Americans are living in risky areas, whether along earthquake faults in
California or in the hurricane zone that stretches from Texas to North
Carolina. And terrorism is an unquantifiable but real threat in every large
urban area.
Six of
the eight most expensive hurricanes in U.S. history, as measured in 2005
dollars, struck in the last 14 months. To protect themselves, insurers are
likely to continue a decade-long process of cutting back on the coverage they
offer.
"The
model we currently operate under is very effective with high-frequency,
low-severity events -- automobile accidents, house fires, theft of
property," said Michael Trevino, a spokesman for Allstate Corp., which
insures 17 million households. "We can predict the likelihood of future
losses pretty well. We can't do that with mega-catastrophes."
As a
result, coverage that was once standard, including protection from earthquakes,
floods, landslides and mold, now either must be purchased separately or is
unavailable.
Coverage
for earthquakes changed after the 1994 Northridge quake, the first directly
below a U.S. city since the Long Beach quake in 1933.
Faced
with $15 billion in insured losses, much more than it had taken in through
premiums, the industry declined to write new earthquake policies. The state and
the industry set up the California Earthquake Authority, a privately funded
insurer consisting of 19 member companies.
Coverage
now costs a lot more, is more limited (swimming pools, for instance, are no
longer covered) and the deductible tends to be much higher.
Before
Northridge, 1.5 million people had earthquake insurance. Now it's about 1
million, or 15% of eligible homeowners.
The
federal government has offered flood insurance since 1968. It sets rates for
the policies and can borrow from the U.S. Treasury in years when payouts exceed
premiums, which they will do in 2005.
Flood
insurance is supposedly mandatory for mortgages in flood-prone areas.
Nevertheless, participation rates were as low as 15% in some hard-hit areas of
the Gulf Coast, officials there say.
Several
state insurance regulators, including California's Garamendi, believe the low
sign-up rates for earthquake and flood insurance are the best reasons to revamp
the system.
National
catastrophe insurance has been touted before -- the idea is so old no one is
sure who first came up with it -- but if it's ever going to have a shot, it's
now.
Consumer
advocates are wary of a national insurance program, as are some development
experts.
"Talk
about an incentive to build in the wrong places," said Joel Kotkin, a
senior fellow at the New America Foundation who advocates environmental or
insurance restrictions that would encourage populations to move inland.
"Why
should people in Idaho pay for a house that's been destroyed and rebuilt 10
times by hurricanes?" he added.
The
insurance commissioner for Idaho, Gary Smith, declined to be interviewed. But
the commissioner for another lightly populated landlocked state said she was
interested in the proposal. "It's certainly something to look into,"
said Nevada Insurance Commissioner Alice Molasky-Arman.
Robert
Hunter, a former Texas insurance commissioner who now works with the Consumer
Federation of America, said the insurance companies "would love to
socialize all the risk and keep all the profits. It's very dangerous to open
this Pandora's box of federal backup."
California
commissioner Garamendi said such concerns were appropriate but premature,
because no plan had been formally chosen. One possibility is that the private
sector would keep control but be given certain incentives, such as the ability
to accumulate reserves tax-free. At the opposite extreme is complete
federalization.
One way
the program could be adapted to discourage risky building is to have builders
include the price of insurance in the cost of the house, consumer advocate
Hunter said.
"If
you're going to solve the problem, do it right. Everyone's got to give
something up," he said.
GRAPHIC: PHOTO: AFTERMATH: Lauren
Newell wades through the living room of her parents' home in the Lakeview area
of New Orleans. Her parents let their flood insurance lapse two months before
Hurricane Katrina hit. Some state regulators want disaster insurance, including
hurricane and earthquake coverage, to be mandatory for U.S. homeowners. PHOTOGRAPHER: Genaro Molina Los Angeles Times
LOAD-DATE: October 5, 2005
10. New Jersey Law Journal, “Topical Index to Articles,” October 3,
2005
104
of 110 DOCUMENTS
Copyright 2005 ALM
Properties, Inc.
All Rights Reserved
New Jersey Law Journal
October 3, 2005
LENGTH: 9694 words
HEADLINE: Topical Index to Articles;
Deck or subhead to go here
BODY:
please
replace asterisks with bullets (option + 8)
ADOPTION
*
Adoption Agency to Apologize and Pay Damages for HIV Discrimination; by Michael
Booth, July 11, p. 87.
ADVERTISING
* Court
Advertising Panel Proposes Limits on Bankruptcy Solicitations; by Michael
Booth, Aug. 15, p. 567.
ALTERNATIVE
DISPUTE RESOLUTION
* Lemon
Law Litigants to Get Choice of Dispute Resolution Programs; by Michael Booth,
July 25, p. 287.
APPELLATE
WATCH
* Court
Is Asked for New Rule on Auto Searches (State v. Dunlap, A-80/81-04, and
State v. Eckel, A-95-04); Checkpoint Chary (State v. Badessa,
A-94-04); Permission Slip (Proformance Insurance Co. v. Jones,
A-102-04); by Michael Booth, Sept. 19, p. 1065.
ATTORNEY
DISCIPLINE, ETHICS, MISCONDUCT
(See
also Discipline Watch, Notices to the Bar)
* Lawyer
Fights Ethics Charges of Fee-Filching; by Tim O'Brien, July 4, p. 1.
* Suit
Charges Law Firm With Web Hacking; by Michael Booth, July 18, p. 169.
* Fish
Story About Big Award in Case Never Filed Gets Lawyer Disbarred; by Michael
Booth, July 25, p. 286.
* Court
Reinforces Ban on Town's Appearing in Town Court; by Michael Booth, Aug. 8, p.
475.
* Lawyer
Sanctioned in Holocaust Suit; by Daniel Wise, Aug. 29, p. 725.
* Lawyer
Indicted for Taking Retainers But Not Delivering Promised Services; by Henry
Gottlieb, Sept. 5, p. 829.
BANKING
* Major
League; by Lisa Brennan, July 25, p. 305.
BANKRUPTCY
(See
also Notices to the Bar, Supplements and Third Sections)
*
Reconstructing a Ponzi Scheme; by Lisa Brennan, July 18, p. 165.
*
Homeowners' Equity Bill Stalls as Sponsor Sees Potential for Fraud; by Michael
Booth, July 25, p. 289.
*
Walk-Off Home Run; by Lisa Brennan, Aug. 15, p. 561.
* Chaos
for Creditors; by Tim O'Brien, Aug. 22, p. 645.
BAR
ASSOCIATIONS
*
Casualties of Success?; by Mary P. Gallagher, Aug. 1, p. 373.
BIAS
AND DISCRIMINATION
* Courts
Still at Odds Over Rights of Transsexuals; by Dee McAree, Aug. 15, p. 564.
BUSINESS
COURTS
*
Business Court Passes Assembly; by Michael Booth, July 4, p. 25.
CIVIL
COURT
* Best
Practices Cited for 5-Year Backlog Decline; by Lisa Brennan, Aug. 8, p. 469.
* Lawyers
Seeing Fewer Trials, and Less of Each Other; by Henry Gottlieb, Sept. 26, p.
1165.
* Civil
Plaintiffs' Refusal to Testify Requires Dismissal, Court Rules; by Michael
Booth, Sept. 26, p. 1169.
CLASS-ACTION
SUITS
* Called
on Its "Reverse Auction" Bid; by Charles Toutant, Aug. 8, p. 473.
* Judges
in a Funk Over Junk Faxes; by Mary P. Gallagher, Aug. 15, p. 561.
* One
Class-Action Lawyer's Loss Is Another's Edge to be Lead Counsel; by Charles
Toutant, Aug. 15, p. 564.
* More
Lawyers Staging Mock Trials as Securities Class-Action Trials Mount; by Pamela
A. MacLean, Aug. 15, p. 585.
* Merck
Faces Vioxx Class Action; by Tim O'Brien, Aug. 29, p. 713.
* First
N.J. Trial on Vioxx Opening and Stakes Are High; by Tim O'Brien, Sept. 5, p.
825.
* A Vioxx
Moment; by Lisa Brennan, Sept. 19, p. 1065.
* Vioxx
Plaintiff's Expert Stumbles on Cross-Exam; by Lisa Brennan, Sept. 26, p. 1165.
COMMENTARY
* One
Step Forward, Two Steps Back (Fewer peremptories would nullify voir dire
improvements); by Christopher D. Adams, July 4, p. 23.
* A
Lesson for Witnesses (CEOs don't necessarily make good witnesses); by Dan
Small, July 4, p. 23.
*
Property Tax Reform: Be Careful What You Ask For (Eliminate property tax and
preserve home rule); by Christopher John Stracco, July 11, p. 103.
* Poor
Policy, Poor Governance (Social Security privatization is a disaster); by Mark
C. Alexander, July 11, p. 103.
* Two
Views of DiProspero -- The "New" New Jersey No Fault Act; by
Gerald H. Baker, July 18, p. 187.
* Two
Views of DiProspero -- Crossing the Threshold of Separation; by Ian
Doris, July 18, p. 187.
* Lobby
System Is Out of Control (Special interests have the advantage in petitioning
government); by Martin L. Haines, July 25, p. 303.
*
Military Court Members Should Take a Bow (Abu Ghraib punishments do America
proud); by Gerald D. Skoning, July 25, p. 303.
* Court
Can Sway Public Opinion by Permitting Gay Marriage; by Randall J. Peach, Aug.
1, p. 395.
* Instant
Unionization Bill: Prescription for Instant Trouble (Legislation offends
employers and employees); by Alan I. Model, Aug. 1, p. 395.
* Grokster
Means More Litigation for Tech Firms (How much evidence is needed to
incriminate tech firms); by Peter J. Pizzi, Aug. 8, p. 491.
* Dear
Judge Roberts: (Tell conservatives to stop ads supporting you); by Marilyn Hall
Patel, Aug. 8, p. 491.
* A Hole
in N.J.'s Efforts to Lure Business (N.J. Gross Income Tax Act stalls try); by
Melinda Fellner Bramwit, Aug. 15, p. 583.
* Curbing
"Control by Cop" (Judicial oversight can prevent police state); by
Isidore Silver, Aug. 15, p. 583.
* Lawyers
Without Boundaries (N.J. Supreme Court should consider the problems outsourcing
presents); by Martin L. Haines, Aug. 22, p. 667.
*
Streamlining Injustice (S. 1088 and H.R. 3035 deserve quick
burial); by Vivian Berger, Aug. 22, p. 667.
*
Bad-Faith Litigation; The Next Frontier (Insurers must stop making insureds
jump through hoops); by Evan L. Goldman, Aug. 29, p. 731.
*
O'Connor's Opposite (Roberts could lurch Court to the right); by Craig Green,
Aug. 29, p. 731.
*
Business Court Is a Misguided Concept (Scrap legislation creating business
part); by Martin L. Haines, Sept. 5, p. 843.
* Protect
the Protectors (Place interest of officers above corporations); by Allan
Kanner, Sept. 5, p. 843.
* Lesson
From "Mississippi Burning" (Bail pending appeal rule should be revisited);
by Jeffrey S. Mandel, Sept. 12, p. 1007.
* Damned
If You Do ... (Secular law or church teachings for Catholic Church?); by
Yitzchok Adlerstein and Michael J. Broyde, Sept. 12, p. 1007.
* The
Environment: An Also-Ran in N.J. Compaign for Governor (Overshadowed by other
matters); by Lewis Goldshore, Sept. 19, p. 1083.
* Time to
Amend Law on E-Mail Privacy (Electronic Communications Privacy Act is obsolete
already); by Karla Grossenbacher, Sept. 19, p. 1083.
* The
Extraction of OPRA's Teeth (Attorneys' fee provision weakened); by John C.
Connell, Sept. 26, p. 1191.
* States
to the Rescue (State react to Kelo); by Amitai Etzoni, Sept. 26, p.
1191.
CONSUMER
FRAUD ACT
* N.J.
Calls Federal Anti-Predatory Lending Bill Weak; by Mary P. Gallagher, Sept. 12,
p. 989.
* Laws
Signed Aimed at Preventing and Punishing Identity Thefts; by Michael Booth,
Sept. 26, p. 1169.
CORPORATE
OFFICERS
*
WorldCom Fraud's "Architect" Receives 5-Year Prison Term; by Michael
Bobelian, Aug. 15, p. 567.
COURT
COSTS
*
Overcrowding and Safety Concerns at Warren Courthouse Prompt Suit; by Mary P.
Gallagher, Aug. 1, p. 377.
DEATH
PENALTY
* Judge
Voids Death Sentence, Citing Woeful Lack of Mitigating Evidence; by Charles
Toutant, July 4, p. 16.
*
Prosecutors Must Refute Claim of Low I.Q. in Seeking Death Penalty; by Mary P.
Gallagher, Aug. 22, p. 649.
DISCIPLINE
WATCH
* Top
Court to Sort Out Priority of Compensation for Lawyer's Thefts (In the
Matter of James Carney, D-182-02); Giving Him Credit (In the Matter of
Vincent Bevacqua, D-125-04); by Michael Booth, Sept. 19, p. 1069.
EMPLOYMENT
*
Employers Get Basic Training on Law Protecting Returning Reservists' Jobs; by
Mary P. Gallagher, July 25, p. 285.
* Refusal
to Extend Pregnant Worker's Leave Not Discriminatory, Court Says; by Michael
Booth, Aug. 1, p. 379.
*
Railroad Worker's Estate, Family Win $11.43 Million in Asbestos Suit; by
Charles Toutant, Aug. 15, p. 565.
*
Employees May Sue Under ERISA When Company's Stock Crashes; by Lisa Brennan,
Aug. 29, p. 717.
FAMILY
LAW
(See In
Practice)
*
Wrongful Death Cases Upended by Probate Law; by Henry Gottlieb, July 11, p. 81.
* Suit
Challenges Refusal to Name Domestic Partner as Administrator; by Michael Booth,
Sept. 26, p. 1171.
GOVERNMENT
* Border
Dispute Stirred by Proposed Natural Gas Facility on the Delaware; by Charles
Toutant, July 25, p. 281.
*
Enhanced Fees Tied to Success Level in Risky OPRA Suits; by Michael Booth, Aug.
22, p. 645.
*
Municipal Needle Exchanges Found to Violate New Jersey's Drug Laws; by Michael
Booth, Aug. 22, p. 649.
* Fee
Shifting Not Available for Consent Orders in OPRA Suits; by Charles Toutant,
Aug. 22, p. 651.
*
Government Lawyers for Hire; by Emma Schwartz, Aug. 29, p. 733.
*
"SLAPP-Back" Suit Slapped Down; by Michael Booth, Aug. 29, p. 719.
* Law
Prohibits Smoking in State Private and Public College Dorms; by Michael Booth,
Aug. 29, p. 719.
* Newark
Forgiven Retroactively for Misuse of Property Tax Relief Fund; by Tim O'Brien,
Sept. 5, p. 829.
HEALTH
CARE
(See In
Practice)
*
Plaintiffs Score Win in Hospital "Patient Dumping" Case; by Shannon
P. Duffy, July 11, p. 90.
*
Pharmacies That Make Drugs Held Subject to Federal Inspections; by Michael
Booth, Sept. 12, p. 993.
IN
PRACTICE
ALTERNATIVE
DISPUTE RESOLUTION
*
Enforcing Arbitration Awards Against Foreign Entities; by David W. Phillips,
Aug. 29, p. 736.
BANKRUPTCY
LAW
* Deeming
Noncompete Damages Nondischargeable; by Vanessa R. Elliott, Aug. 1, p. 400.
* Lessons
on Subjective Consolidation; by William S. Katchen and Michael F. Hahn, Sept.
5, p. 848.
CIVIL
PRACTICE
* Supreme
Court Settles Supplemental Jurisdiction Debate; by Robert E. Bartkus, July 11,
p. 108.
* Circuit
Split on Federal Question Jurisdiction Resolved; by Denis F. McLaughlin, Aug.
29, p. 737.
COMMERCIAL
LAW
* No, New
Jersey, There Is No Credit Fraud; by Stephen Falanga, Sept. 12, p. 1012.
* No
Class for Indirect Purchasers; by Christopher P. Dolotosky, Sept. 26, p. 1196.
CORPORATE
LAW
*
Dissenting From an LLC Transaction; by Stuart L. Pachman, July 18, p. 192.
CRIMINAL
LAW
*
Competency of a Criminal Defendant; by James S. Friedman, Aug. 1, p. 401.
EMPLOYMENT
LAW
* Supreme
Court Broadens Reach of U.S. Labor Laws; by Robert H. Bernstein and Gregory B.
Reilly, July 25, p. 308.
* A Niche
Within a Niche; by Steven I. Adler, Aug. 8, p. 496.
*
Employment References: A Cautionary Tale; by Bruce S. Rosen and Amy C. Grossman,
Sept. 26, p. 1197.
ENVIRONMENTAL
LAW
BY
LEWIS GOLDSHORE & MARSHA WOLF
*
Perfecting the Taking Claim; July 18, p. 193.
* Private
Beach Club Not So Exclusive Anymore; Aug. 15, p. 588.
*
Superfund Cleanup Moves Closer, or Does It?; Sept. 19, p. 1088.
ESTATE
PLANNING
*
Settlement, Divorce and Estate Planning to Safeguard Disability Aid; by
Lawrence A. Friedman, Sept. 5, p. 849.
FORECLOSURE
LAW
* Tax
Sale Certificates: An Investment Vehicle; by Richard O. Venino, July 11, p.
109.
* Court
Removes Roadblock in Foreclosure Proceeding; by Scott E. Reynolds, Aug. 22, p.
672.
HEALTH
CARE LAW
* Is the
Worst Yet to Come?; by Simone Handler-Hutchinson, Sept. 19, p. 1089.
IMMIGRATION
LAW
* Advance
Degree Exemption Opens Door to Foreign Experts; by Harry Asatrian, Aug. 15, p.
589.
INSURANCE
LAW
* Whose
Notice Is It, Anyway?; by Eric L. Harrison and Benjamin R. Messing, July 25, p.
309.
* Court
Limits Effect of Broad Intentional Act Exclusion; by Fredric Paul Gallin and
Danielle M. Lozito, Aug. 22, p. 673.
INTELLECTUAL
PROPERTY
* Much
Ado About Something; by David Leit and Matthew Savare, Sept. 12, p. 1013.
INTERNET
LAW
* A
Different Kind of Property Right; by Jonathan Bick, Aug. 8, p. 497.
PREMISES
LIABILITY LAW
*
Plunging Into Swimming Accident Liability; by Mario C. Colitti, July 4, p. 29.
REAL
ESTATE LAW
* Bill
Seeks to Regulate Homeowner Associations; by Barbara Casey and Mariah Murphy,
July 4, p. 28.
INADMISSIBLE
* Higher
Power (Secular alternative to AA and NA); by Mary P. Gallagher, July 4, p. 3.
* Extremism
in Defense of Secularism (Law school dean cautions against religious
fundamentalism); by Thomas Adcock, July 4, p. 3.
* Only
Labor Law Spoken Here (Jacob & Mills joins out-of-state labor firm); by
Charles Toutant, July 4, p. 3.
* Mail
Drop No More (Levenson outpost to get some use now that slot parlors OK'd in
Pa.); by Lisa Brennan, July 4, p. 3.
* Paper
Tiger (Litigation privilege can't always be relied on); by Michael Booth, July
11, p. 83.
* Growing
a Client (Law firms starts new insurance company for doctors); by Lisa Brennan,
July 11, p. 83.
* Playing
the Rights Card (Lawyer says redevelopment violates civil rights); by Henry
Gottlieb, July 11, p. 83.
*
Hard-Drive Protection (Free speech and privacy save Mount Olive couple); by
Mary P. Gallagher, July 11, p. 83.
*
Community Chest (Atlantic City broke the law, but can't get money back); by
Michael Booth, July 18, p. 167.
*
Litigation Spoils (Lawyer helps client win right to salvage shipwreck); by
Charles Toutant, July 18, p. 167.
*
Statistical Strike (Redevelopment plan amended so as not to violate civil
rights); by Lisa Brennan, July 18, p. 167.
* Bleak
House (Lawyer makes film about is 245-year-old house); by Mary P. Gallagher,
July 18, p. 167.
* Judging
Marianne (With suit dismissed; Espinosa takes bench); by Mary P. Gallagher,
July 25, p. 283.
* Payment
Due (Collections lawyer alleged to have violated fair collection act); by
Charles Toutant, July 25, p. 283.
* Blight
Me (Judge rejects owners' claim contesting designation); by Lisa Brennan, July
25, p. 283.
*
Big-Ticket Item (PNC Bank Arts Center owes Holmdel property taxes); by Henry
Gottlieb, July 25, p. 283.
*
Reporting for Duty (Sellinger prepares brief in Solomon Amendment case); by
Henry Gottlieb, Aug. 1, p. 375.
*
Crossing Delaware (Border conflict heats up); by Charles Toutant, Aug. 1, p.
375.
* Burning
Bridges (Don't pay fee, license gets revoked); by Mary P. Gallagher, Aug. 1, p.
375.
* Cold
Cash (Paying restitution for lawyer's wrongs); by Lisa Brennan, Aug. 1, p. 375.
* The
Rankings Game (Summer Start helps Rutgers Law School-Camden improve its
position with U.S. News & World Report); by Charles Toutant, Aug. 8,
p. 471.
* Paying
for Slow Paying (DRB says Gourvitz should be reprimanded for ignoring order);
by Henry Gottlieb, Aug. 8, p. 471.
* Making
a Federal Case (NJSBA wants to block caps); by Michael Booth, Aug. 8, p. 471.
*
Bilateral Exchange (Defining the difference between prostitution and
pornography); by Mark Fass, Aug. 8, p. 471.
*
Courting Disaster (AOC employee put out contract on ex-husband); by Mary P.
Gallagher, Aug. 15, p. 563.
* Strict
Scrutiny? (Supreme Court nominee bows out of ABA case); by Lily Henning, Aug.
15, p. 563.
* Eminent
Disdain (Town officials violate ethics in property redevelopment plan); by Lisa
Brennan, Aug. 15, p. 563.
* Close
Shave on Appeal (Defective-razor verdict upheld); by John Caher, Aug. 15, p.
563.
*
Medgate? (Break-in at UMDNJ; key documents missing); by Michael Booth, Aug. 22,
p. 647.
*
Recidivist (Pa. attorney sanctioned third time); by Shannon P. Duffy, Aug. 22,
p. 647.
* The
Downside of Sharing (CEPA liability may be expanding); by Lisa Brennan, Aug.
22, p. 647.
* A Match
at Last (Transactional capabilities expand at McCarter & English's Pa.
branch); by Jeff Blumenthal, Aug. 22, p. 647.
* Missing
the Boat (Ferry captain not allowed to carry gun); by Charles Toutant, Aug. 29,
p. 715.
* Wise
Guys ("The Smartest Guys in the Room" help teach ethics); by Lisa
Brennan, Aug. 29, p. 715.
* Gutting
to the Chase (Municipal judge who chased defendant not reappointed); by Michael
Booth, Aug. 29, p. 715.
* Told
You So (Dismissal order proves Pressler & Pressler correct); by Mary P.
Gallagher, Aug. 29, p. 715.
* Lawyers
Pitching In (New Jersey firms help victims of Hurricane Katrina); by Henry
Gottlieb, Sept. 5, p. 827.
*
Season's Greetings (X-rated holiday cards cost New Jersey man); by Henry
Gottlieb, Sept. 5, p. 827.
* Instant
Messages, Instant Worries (IMs worry employers); by Dee McAree, Sept. 5, p.
827.
*
Coaching Counsellor (Clinton lawyer coaches Babe Ruth champs); by Mary P.
Gallagher, Sept. 5, p. 827.
*
Judicial Bypass (Courthouse improvements hit brick wall); by Mary P. Gallagher,
Sept. 12, p. 991.
* Winning
as Your Own Lawyer (Solo wins rare dismissal in DRB case); by Henry Gottlieb,
Sept. 12, p. 991.
*
Strength in Numbers (Bloomfield lawyers creates civil rights lawyers group); by
Lisa Brennan, Sept. 12, p. 991.
* Burned
Out (Martin makes 21st year as lawmaker his last); by Michael Booth, Sept. 12,
p. 991.
* The
Show Must Go On (Celebrating Constitution Day); by Charles Toutant, Sept. 19,
p. 1067.
* Low
Consumer Demand (Public comment for peer review for doctors law almost nil); by
Charles Toutant, Sept. 19, p. 1067.
* Taking
a Smaller Slice (Class action approved after limited to state); by Lisa
Brennan, Sept. 19, p. 1067.
* On
Their Own (Leaving midsized firm to start small); by Henry Gottlieb, Sept. 19,
p. 1067.
* Get Out
of Jail Free (But not for man who didn't pay his attorney); by Henry Gottlieb,
Sept. 26, p. 1167.
* Just
Visiting (Judge agrees with gadfly's idea on court access); by Mary P.
Gallagher, Sept. 26, p. 1167.
* Do Not
Pass Go (Court stays Advisory Opinion 33); by Mary P. Gallagher, Sept. 26, p.
1167.
* Pay
Poor Tax (Somers Point catches up to its Mount Laurel obligation); by
Lisa Brennan, Sept. 26, p. 1167.
INSURANCE
COMPANIES, DEFENSE, LAW
(See
also In Practice)
* DiProspero
Is No Sure Win for Plaintiffs; by Mary P. Gallagher, July 4, p. 5.
* MIIX
Settlement Plan Successful, Averting Insurer's Liquidation; by Mary P.
Gallagher, July 11, p. 85.
*
No-Fault Rulings Held Retroactive to Pipeline Cases; by Mary P. Gallagher, July
18, p. 165.
* Twenty
Years Before the Cash; by Henry Gottlieb, Aug. 8, p. 469.
* Verbal
Threshold Case Dismissed Before DiProspero Held Not Viable; by Charles
Toutant, Aug. 15, p. 565.
INTERNET
*
Appellate Division Announces Move to E-Mail Distribution of Opinions; by
Charles Toutant, July 4, p. 7.
* Is
"Published" Perished?; State Court Puts Unpublished Cases on Web; by
Michael Booth, Sept. 26, p. 1165.
* Is
"Published" Perished?; U.S. Judges Nod to Unpublished Opinion Citing;
by Tony Mauro, Sept. 26, p. 1165.
IOLTA
* Court
Takes It to the Banks; by Tim O'Brien, July 4, p. 1.
* Court Blinks
as Banks Balk on IOLTA Interest; by Tim O'Brien, July 11, p. 81.
JUDGES
(See Inadmissible,
Notices to the Bar)
New
Jersey
* Hardly
a Stir as Judges Rotated, Novices Seated; by Henry Gottlieb, July 4, p. 1.
*
Compromise Fills Four Positions in Essex and Monmouth Counties (Dow, Valentin,
Teare, Guadagno); by Michael Booth, July 4, p. 11.
* New
Seat Confirmed for State Judge Blocked for Tenure a Decade Ago (Espinosa); by
Michael Booth, July 4, p. 11.
* Suit
Seeks to Bar Swearing in of Espinosa to Union County Bench; by Mary P.
Gallagher, July 18, p. 171.
United
States
* Writing
Roberts' Rules; by Tony Mauro, July 25, p. 281.
* Senate
Democrats Toe Moderate Line on Nominee; by T.R. Goldman, July 25, p. 291.
* Bissell
to Direct ADR Program at Connell Foley on Leaving Bench; by Lisa Brennan, Aug.
22, p. 651.
JURORS
* Court
Upholds Waivers of Five-Sixths Jury Verdicts in Civil Cases; by Michael Booth,
July 18, p. 171.
* Study
Finds Dissenting Jurors Get Short Shrift; by Leonard Post, Aug. 15, p. 577.
*
Recreating the Trial as You'd Like It; by Charles Toutant, Sept. 5, p. 825.
* U.S.
High Court Is Asked to Decide If It's Proper to Let Sleeping Jurors Lie; by
Mary P. Gallagher, Sept. 5, p. 831.
LAND
USE
*
Eminent-Domain Opponents Using Kelo as a Sword; by Lisa Brennan, July
11, p. 81.
* Passaic
Case Measures Fairness of Compensation in Kelo-Type Taking; by Charles
Toutant, July 18, p. 175.
*
Public's Access to Private Beach Is Upheld, Subject to Reasonable Fees; by
Michael Booth, Aug. 1, p. 382.
* Not All
Ripe for the Taking; by Lisa Brennan, Aug. 8, p. 469.
* Call It
the Post-Kelo Wave; by Tresa Baldas, Aug. 8, p. 485.
LAW
FIRMS, LAWYERS
* Firms
Find New Revenue in "Unbundling"; by Leonard Post, July 11, p. 105.
* Profit
Centers; by Henry Gottlieb, July 18, p. 165.
* Making
Homeland Security a Niche; by Tim O'Brien, July 18, p. 165.
* Court
Rules It Has No Jurisdiction Over Client Retained Via E-Mail; by Anthony Lin,
July 18, p. 181.
* Big
Business Turning to Plaintiffs' Lawyers for Help; by Tresa Baldas, July 18, p.
189.
* Mass
Layoffs at Porzio Follow Phen-Fen Finale; by Tim O'Brien, July 25, p. 281.
*
Ever-Growing Flaster/Greenberg Takes Over Trenton Boutique; by Michael Booth,
July 25, p. 297.
* Good
Will Hunting; by Charles Toutant, Aug. 1, p. 373.
* Lawyer
Ensemble Rocks Out for Troops at Indian Ocean Outpost; by Monica Giannobile,
Aug. 1, p. 389.
* For
Lowenstein, the PIPEs Are Calling; by Lisa Brennan, Aug. 1, p. 397.
*
Creativity With Benefits Plans Helps Firms With Recruitment, Retention; by
Daniel L. J. Phillips, Aug. 8, p. 493.
* Senior
Partners Balking at Retirement Policies; by Anthony Lin, Aug. 22, p. 669.
* Keeping
the Home Fires Burning; by Henry Gottlieb, Sept. 5, p. 825.
* Going
It Alone Takes Versatility and Courage; by Thomas Adcock, Sept. 5, p. 845.
* Law
Firms' Disaster Teams See Action; by Leigh Jones, Sept. 12, p. 989.
* From
Summer Crop to Fall Fodder; by Henry Gottlieb, Sept. 12, p. 1009.
* Their
Law Offices Ravaged, Lawyers Focus on Survival; by Leonard Post, Sept. 19, p.
1065.
*
McCarter & English Move Keeps Firm Rooted in Newark Soil; by Henry
Gottlieb, Sept. 19, p. 1085.
* As
Corporate Counsel Call the Shots, Law Firms Increase Fees Cautiously; by
Charles Toutant, Sept. 26, p. 1193.
LEGAL
MALPRACTICE
* Lawyers
Can't Be Sued for Creditor Fraud; by Henry Gottlieb, July 4, p. 7.
LEGAL
TECH
* Network
on the Go; by Brett Burney, July 4, p. 31.
*
Surviving Disasters With Data Intact; by Richard E. Kerley, July 11, p. 111.
* Balance
Costs and Payoffs Before Deciding to Upgrade; by Brian R. Harris, July 18, p.
195.
* Cut to
the Chase; by Tamara Thompson, July 25, p. 305.
* Look to
Leasing; by Ross Kodner, Aug. 1, p. 403.
* Canning
Your Own Spam; by Charles Novins, Aug. 8, p. 499.
* Give
Away Your Computer, Not Your Data; by Craig Ball, Aug. 15, p. 591.
* iPod
Goes to Work for the Firm; by Alan Cohen, Aug. 22, p. 675.
* What
RSS Can Do for Lawyers; by Robert J. Ambrogi, Aug. 29, p. 739.
* EDD and
the Perils of the Smoking Gun; by Craig Ball, Sept. 5, p. 851.
* Virtual
Law Libraries Provide Wealth or Material; by John F. Geis, Sept. 12, p. 1015.
*
E-Negotiate and Wait; by Stanley P. Jaskiewicz, Sept. 19, p. 1091.
* Locate
Smoking Guns in Cryptic Messaging; by Conrad Jacoby, Sept. 26, p. 1199.
MAKING
YOUR POINT -- A GUIDE TO PERSUASIVE WRITING,BY KENNETH F. OETTLE
* The
Need for Clarity May Override the Risk of Exaggeration; July 11, p. 100.
* A Rose
by Any Other Name Might Not be as Popular (Finding the right spin); July 25, p.
300.
* Choose
an Approach That Will Appeal to the Court's Conscience; Aug. 8, p. 488.
* Some
Commas Should Neither Be Seen Nor Heard; Aug. 22, p. 664.
* Law
Firm Writing Programs Are a Challenge; Sept. 5, p. 840.
* Seek
Feedback on Your Work for a Fresh Perspective; Sept. 19, p. 1080.
MANAGEMENT
* Make
Rain While the Sun Shines; by Christine S. Filip, July 4, p. 27.
* How to
Get a Corporate Client; by Joy Newton and Richard Skoller, July 11, p. 107.
* Make
Profitability -- Not "Busyness" -- Your Goal; by Jason Weaver, July
18, p. 191.
* How
Small Firms Can Build a Big-Firm Foundation; by Matthew B. Lowrie and Peter C.
Lando, July 25, p. 307.
*
Building a Solid Law Department; by Rees Morrison and Julia Hayhoe, Aug. 1, p.
399.
* How to
Handle Mistakes and Missed Deadlines; by Dionne Carney Rainey, Aug. 8, p. 495.
* Client
Interviews; by Richard Gary, Aug. 15, p. 587.
* Marginalization
Can Undermine Diversity in the Workplace; by Michelle Lependorf, Aug. 22, p.
671.
*
Practice Careful Planning; by Thomas Clay, Aug. 29, p. 735.
* Bill
Collection Simplified; by Jake Krocheski, Sept. 5, p. 847.
* Roll
Through Your Rolodex for New Clients; by Olivia Fox Cabane, Sept. 12, p. 1011.
*
Strategic Options for Increasing the Financial "Pie"; by Joel A.
Rose, Sept. 19, p. 1087.
* Ask a
Simple Question; by Merry Neitlich and Anne Gallagher, Sept. 26, p. 1195.
MEDIATION
*
Testimony of Mediator Held Inadmissible in Criminal Case; by Charles Toutant,
Aug. 1, p. 373.
*
Mediators Mixed on Pay Proposal for First 3 Hours; by Mary P. Gallagher, Aug.
22, p. 645.
MEDICAL
MALPRACTICE
(See Suits
& Deals)
*
Insurance Regulators Seek Judge's Sign-Off on MIIX Settlement Payouts; by Mary
P. Gallagher, July 25, p. 287.
MEGAN'S
LAW
* Judge
in Pa. Finds Megan's Law Unfair to Out-of-State Offenders; by Shannon P. Duffy,
Aug. 22, p. 655.
MERGERS
AND ACQUISITIONS
* July
4, p. 25: Pearson Education to Pay $270M for American Guidance Service;
Medtronic Inc. to Pay $260M for Mount Arlington's Transneuronix; Rudolph
Technologies to Merge With Minn. Company in $193M Deal; Pa. Student Housing
Company Pays $18M for Glassboro Property.
* July
11, p. 105: West Windsor's Tyco Sells Cable Network for $130M; Wireless
Telecom of Parsippany Acquires German Co. for $21M; Xechem Sells Interest in
CepTor for $2.3M; Kotok & Associates Acquires Cumberland Advisors for $2M;
GreenShift Pays $1.2M for Stake in Ethanol Maker.
* July
18, p. 189: Hudson United, TD Banknorth Merging in $1.9 Billion Deal;
Emerson Radio Sells 53 Percent Interest in Sporting Goods Maker; Lakewood's
Lightstone Buys Shopping Centers for $170M; Mack-Cali Pays $32.7M for Building.
* July
25, p. 305: METRO Inc. to Pay $1.48B for A&P Canada Supermarket Chain;
Vornado Realty to Pay $247M for Real Estate Assets in D.C. Area; Tech Outfits
to Merge for $8.2M; Upper Deck Pays $6.1M for Mount Laurel's Fleer/Skybox.
* Aug.
1, p. 397: Giftware Company to Buy Lenox From Brown-Forman for $190M;
Commerce Bancorp To Pay $100M for Palm Beach County Bank; Consolidated Vision
Group to be Bought by Georgia Firm for $88M; Schering-Plough to Pay Millennium
$85M for U.S. Rights to Heart Drug; East Brunswick Hilton Sold to Pyramid
Hotels Chain for $43M; Quest Acquires Stake in Ciphergen; Winston Hotels Pays
$2.94M for Future Building Site at Princeton.
* Aug.
8, p. 493: Lagacy Pharma to Pay $62.5M for Odyssey's CNS Franchise; Popular
Enters Stock Merger With E-Loan for $300M; Preferred Freezer Services Inc.
Closes on $261M Leaseback Deal.
* Aug.
15, p. 585: Quest Diagnostics to Pay $920M for Kansas Medical Lab Operator;
Qualcomm Pays $600M for Bedminster's Flarion Technologies; Jersey City's
Harrisdirect Is Sold for $700M to E-Trade Financial; Epsilon Power Partners to
be Sold; Somerset's Ventiv Health Pays $13M for Pa. Drug Marketer; Canadian
Company to Pay $443,000 for Strongwater Unit.
* Aug.
22, p. 669: H.J. Heinz Pays $820M for Lea & Perrins of Fair Lawn; Two
River Bank to Pay $39M for Westfield's Town Bank; SBC Gets Approval in N.J. of
AT&T Acquisition; TrimSpa Maker, N.J., Settle Suit.
* Aug.
29, p. 733: Atlantic Power Holdings Pays $108.5M for Epsilon Power
Partners; Flarion to be Acquired for $805M by Qualcomm Inc.; Able Energy of
Rockaway to Pay $2M for Truck-Plaza Service Provider.
* Sept.
5, p. 845: U.S. Security Associates Acquires Contracts From Cognisa
Security; Sun Bancorp. To Pay $37M for Advantage Bank of Branchburg; India's
Virinchi Technologies Buys KSoft Outstanding Stock; Axis Labs Stock to be
Acquired By Nexia Holdings for $825,000.
* Sept.
12, p. 1009: Ventiv Acquires inChord; Englewood's EpiCept to Merge With
Maxim Pharmaceuticals; Sensors Unlimited Acquired by Goodrich Corp. for $60M;
Novartis Buys Stake in Alnylam.
* Sept.
19, p. 1009: Ford Sells Hertz for $5.6B; Integra LifeSciences to Pay $80M
for Tyco's Radionics; Church & Dwight Co. to Buy Toothbrush Business for
$75M.
* Sept.
26, p. 1193: Honeywell to Sell Aluminum Unit to Ill. Holding Company; Avaya
Buys Canadian Company; Allied Old English Pays $5M for Asian Food Maker;
Sheraton Meadowlands.
NEW
AGE PRACTICE
* One
Errant Voicemail Triggers Legal Maelstrom; by Sue Reisinger, July 4, p. 20.
* Back to
School for Partners; by Leigh Jones, July 25, p. 296.
* Solo
Aims to Blog His Way to New Clients; by Keith Griffin, Aug. 15, p. 580.
OBITUARIES
* Edmund
Mancusi-Ungaro, Longtime Montclair Attorney, 93; Arthur Breitkopf, Private
Attorney, 83; Gerald Glennon, Prosecutor and P.D., 62; Frank Hoak, Estate and
Real Estate Practitioner, 80; John Stephen Delaney, Ernst & Young Tax
Partner, 47; by Mary Beth Cole, July 25, p. 288.
* Charles
Walsh, State Judge and Former Assistant U.S. Attorney, 63; John McGee, Trial
Lawyer and Former Bar Chief, 74; by Mary Beth Cole, Aug. 1, p. 379.
* Dennis
Mautone, Belleville solo, 57; Donald Cunningham, Monmouth Co. judge, 79; Robert
Andrew Galisson, Whippany attorney, 60; William Gallner, judge in Cumberland
Co., 94; James Seeley III, Bridgeton attorney, 59; by Mary Beth Cole, Aug. 8,
p. 475.
* Irvin
Booker, Essex County Judge, 72; Clarence Newcomer, Longtime Federal Judge, 82;
Martin J. Kole, Former N.J. Judge, 90; Emil Nardachone, Belleville Solo, 60;
Michael Jankoski, Port Authority Attorney, 52; Kenneth Walker II, P.I. and
Worker's Comp Lawyer, 51.
* Frank
Basile, Bar Leader, 70; Aloysius Castellano, 86; Daviel Covine, 80; Stanton
Levy, 74; James Maher, 67; Adele Rebell, 62; Sept. 12, p. 995.
*
Farewell to a Journalistic Giant (Tim O'Brien); by Ronald Fleury, Sept. 12, p.
995.
*
Frederic C. Ritger Jr., criminal lawyer, 83; William Michals, Woodbridge senior
partner, 78; James Clare, D.A.G., assist. prosecutor, 72; by Mary Beth Cole,
Sept. 19, p. 1069.
* Bernard
Bressler, firm founder, 77; Joseph DiRienzo, trial lawyer, 62; C. Stephen
Barrett III, patent attorney, 68; Edward Madden, former state assemblyman, 81;
by Mary Beth Cole, Sept. 26, p. 1171.
PARALEGALS
*
Reconsidering the Paralegal's Place; by Valerie A. Dolan, July 18, p. 184.
PERSONAL
INJURY LAW
(See New
Jersey State Bar Association, Suits & Deals)
* A Tax
on Suffering; by Henry Gottlieb, Aug. 29, p. 713.
POLICE
* County
Liable for Town Cop's Acts Under Its Aegis; by Henry Gottlieb, July 25, p. 281.
*
Shooting Holes in Bullet Analysis; by Mary P. Gallagher, Sept. 26, p. 1165.
PRODUCT
LIABILITY
(See Suits
& Deals)
*
Post-Accident-Repairs Evidence Held Admissible Against Manufacturer; by Shannon
P. Duffy, Aug. 8, p. 479.
PUBLIC
ADVOCATE
*
Inspector General, Public Advocate Enabling Laws Survive Budget Axe; by Michael
Booth, July 11, p. 85.
* Public
Advocate Is Reincarnated; by Michael Booth, July 18, p. 180.
RUTGERS
* N.J.
Law Schools Take in Students Ousted by Flood; by Lisa Brennan, Sept. 12, p.
989.
SCHOOLS
* Lesbian
Student Sues School District Over Hostile Learning Environment; by Michael
Booth, Sept. 12, p. 993.
SECURITIES
* Kicking
It Up a Notch; by Lisa Brennan, Aug. 22, p. 645.
SENTENCING
* High
Court Puts Sentencing Back in Juries' Hands; by Michael Booth, Aug. 8, p. 469.
SEXUAL
ABUSE, ASSAULT, MISCONDUCT; SEX OFFENDERS
(See 'Megan's
Law')
*
Tracking Sex Offenders by Satellite; by Mary P. Gallagher, July 11, p. 81.
* Harmless
Error to Let Sex Victim Testify Via TV; by Michael Booth, Aug. 15, p. 561.
SEXUAL
HARASSMENT
* Clerk
Who Lodged Ethics Case Against Subryan Now Files Suit; by Henry Gottlieb, July
11, p. 87.
* Judge
Discipline Stayed Pending Civil Suit Result; by Henry Gottlieb, Aug. 1, p. 373.
* How Bad
Client Behavior Can Affect Firms; by Leigh Jones, Aug. 22, p. 661.
SUITS
& DEALS
AUTO
NEGLIGENCE
* Rider
v. BMW North America ($6.9M jury award); by Henry Gottlieb, July 4, p. 9.
* Faist
v. LIB Industries ($2.13M settlement); by Lisa Brennan, July 4, p. 9.
* Iannece
v. DeJong ($750,000 jury award); by Daniel L. J. Phillips, July 11, p. 89.
* Cittadino
v. Younger ($2.1M settlement); by Daniel L. J. Phillips, July 18, p. 173.
* Shostak
v. Clark ($986,871 settlement); by Charles Toutant, July 18, p. 173.
* Messenlehner
v. Lujan ($916,000 settlement); by Mary P. Gallagher, Aug. 15, p. 569.
* Mansuy
v. Central Regional Board of Education ($2.25M settlement); by Lisa
Brennan, Aug. 22, p. 653.
* Paolucci
v. Gentilello ($1M settlement); by Charles Toutant, Aug. 22, p. 653.
* Gill
v. Orlando($462,500 settlement); by Michael Booth, Aug. 22, p. 653.
* Kupryk
v. Torres ($1.75M settlement); by Charles Toutant, Aug. 29, p. 721.
* Devesa
v. O'Neill ($860,000 arbitration award); by Henry Gottlieb, Aug. 29, p.
721.
* Daniels
v. Rottman($375,000 jury award); by Mary P. Gallagher, Aug. 29, p. 721.
* Quinlan
v. Cass($1.75M settlement); by Charles Toutant, Sept. 5, p. 833.
* Fumosa
v. Muniz($1M settlement); by Mary P. Gallagher, Sept. 5, p. 833.
* Granduke
v. Hasselbrook (No cause); by Henry Gottlieb, Sept. 5, p. 833.
* Lincoln
v. Weitzen ($1.25M settlement); by Mary P. Gallagher, Sept. 26, p. 1173.
* Estate
of Camacho v. Containers Terminal Inc.($700,000 settlement); by Henry
Gottlieb, Sept. 26, p. 1173.
CIVIL
RIGHTS
* Brown
v. Esmore Correctional Services ($2.5M settlement); by Mary P. Gallagher,
Sept. 5, p. 833.
CONSUMER
FRAUD
* Harvey
v. Nutraquest Inc. ($940,00 settlement); by Charles Toutant, July 18, p.
173.
* In
re Remeron Direct Purchaser Antitrust Litigation, In re Remeron End-Payor
Antitrust Litigation ($75M and $36M settlements); by Lisa Brennan, Sept.
19, p. 1073.
CONTRACTS
* Cabrera
v. Sun Chemical Corp. ($182,000 jury award); by Mary P. Gallagher, July 25,
p. 289.
* Canger
v. Dorine Industrial Park Partnership ($375,000 judge award); by Henry
Gottlieb, Aug. 8, p. 477.
* Axelrod
v. Central Garden and Pet Co. ($20.3M jury award); by Lisa Brennan, Sept.
12, p. 997.
DISCRIMINATION
* Smith
v. DaimlerChrysler Services North America (settlement); by Mary P.
Gallagher, Aug. 1, p. 381.
DRINKING
* Rahner
v. Ott's Pub Inc. (no-cause verdict); by Charles Toutant, July 4, p. 9.
LIABILITY
* Schoenemann
v. Westfield School District($600,000 settlement); by Henry Gottlieb, July
4, p. 9.
* O'Brien
Cogeneration Inc. v. Automatic Sprinkler Corp. of America ($17.79M jury
award); by Michael Booth, July 11, p. 89.
MEDICAL
MALPRACTICE/NEGLIGENCE
* Burgess
v. Befeler ($431,500 jury award); by Daniel L. J. Phillips, July 4, p. 9.
* Clark
v. University Hospital($3M jury award); by Henry Gottlieb, July 11, p. 89.
* Piacenti
v. Salley ($3.975M settlement); by Charles Toutant, July 18, p. 173.
* Hankerson
v. University of Medicine & Dentistry of New Jersey ($3.13M
settlement); by Henry Gottlieb, July 18, p. 173.
* Ogidi
v. Roberts ($8M settlement); by Charles Toutant, Aug. 8, p. 477.
* Massone
v. Surgery Center of Central New Jersey ($650,000 settlement); by Henry
Gottlieb, Sept. 5, p. 833.
* O'Gorman
v. Maugeri ($1.5M settlement); by Michael Booth, Sept. 12, p. 997.
* Shankar
v. Nicolai ($600,000 settlement); by Michael Booth, Sept. 19, p. 1073.
PERSONAL
INJURY
* Mann
v. Borough of Alpha (no cause); by Lisa Brennan, July 25, p. 289.
* McManus
v. HealthSouth Sports and Rehabilitation Center ($3M jury award); by Lisa
Brennan, Aug. 8, p. 477.
PRODUCT
LIABILITY
* Beau
Ridge at Holmdel Condominium Association Inc. v. Beau Ridge at Holmdel
($3.597M settlement); by Michael Booth, July 4, p. 9.
* Tobey
v. Up-Right Inc.($735,000 settlement); by Charles Toutant, Sept. 26, p.
1173.
WORKPLACE
INJURY
* Janucci
v. Marshall Harrison Apartments ($1.2M settlement); by Michael Booth, July
4, p. 9.
* Murray
v. Great Bay Building Co. ($1.3M settlement); by Mary P. Gallagher, July
18, p. 173.
* McAddo
v. S. Rabinowitz Iron & The Moen Group ($2.8M settlement); by Daniel L.
J. Phillips, Aug. 1, p. 381.
* Ortiz
v. K. Hovnanian ($2M arbitration award); by Michael Booth, Aug. 8, p. 477.
* Rhodes
v. Universal Supply Group ($8.4M jury award); by Michael Booth, Aug. 15, p.
569.
* Estate
of Valente v. Torcon ($900,000 settlement); by Charles Toutant, Aug. 15, p.
569.
* Meduri
v. Bechtel Corp.($650,000 settlement); by Lisa Brennan, Aug. 15, p. 569.
* Reyes-Montenes
v. Haggerstone ($1.425M settlement); by Mary P. Gallagher, Aug. 22, p. 653.
* Roth
v. Trademark Plastics ($1.52M settlement); by Mary P. Gallagher, Sept. 12,
p. 997.
* Valentin
v. Lansing Lathe Co. ($4M settlement); by Henry Gottlieb, Sept. 19, p.
1073.
* Janowski
v. Badger Roofing ($920,000 settlement); by Lisa Brennan, Sept. 26, p.
1173.
WRONGFUL
DEATH
* Rambo
v. Rambo($6.3M judge award); by Mary P. Gallagher, July 11, p. 89.
SUPREME
COURT, SUPREME COURT COMMITTEES
NEW
JERSEY
(See
also Appellate Watch, Notices to the Bar)
*
Businesses Brace for a Balmier Court Climate This Fall; by Henry Gottlieb, Aug.
15, p. 561.
* Supreme
Court's New Cast Looks Much Like the Old; by Mary P. Gallagher, Sept. 5, p.
825.
UNITED
STATES
(See Courtside)
*
O'Connor Retirement Raises Stakes on Hot-Button Issues; by Tony Mauro, July 4,
p. 1.
* The
Politics of Replacing O'Connor; by T.R. Goldman; July 11, p. 97.
* The
Judiciary Committee's Star Turn; by T.R. Goldman, Sept. 12, p. 989.
* Kicked
Out of the Big Easy, the Fifth Circuit Heads to Houston; by John Council, Sept.
12, p. 994.
TAXATION
*
Injunction Upheld Against "Professional Tax Protester"; by Shannon P.
Duffy, July 18, p. 180.
* Foreign
Business May Be Taxed in N.J., Court Holds; by Charles Toutant, Aug. 29, p.
713.
TERRORISM
*
Terrorist or Freedom Fighter?; by Mary P. Gallagher, July 4, p. 17.
TORT
CLAIMS ACT
* Play
Ball! (Carefully); by Charles Toutant, Sept. 19, p. 1065.
UNITED
STATES DISTRICT COURT
* U.S.
District Court Adjusts Slowly to New Access Rule; by Mary P. Gallagher, Aug.
29, p. 713.
EDITORIALS
* Burning
the Flag (Banning flag burning is unconstitutional); July 4, p. 22.
* Serious
Impact (Legislature should gather the facts on verbal threshold); July 4, p.
22.
* There
Must Be More (Lawyers are suppose to be social engineers); July 4, p. 22.
*
Astronomical (N.J.'s many municipalities lead to redundancy of services); July
4, p. 22.
* What's
in a Word? (Thoughts on Lewis v. Harris); July 11, p. 102.
* School
Segregation (Compulsory regionalization works); July 11, p. 102.
* The Kelo
Taking (An unremarkable condemnation decision); July 18, p. 186.
*
Faithfully Executing the Law (Government by decree has no place in democracy);
July 18, p. 186.
*
Meaningless Legislation (Toughen penalty for driving while on the cell phone);
July 18, p. 186.
* Vetting
the Nominee (Senate's task is to test U.S. Supreme Court nominee); July 25, p.
302.
* Open
Access to Court Opinions (Public should have access to more than just approved
appellate cases); July 25, p. 302.
*
Improving Legal Reporting (Technology should help); July 25, p. 302.
* Judge
Not (Objective standard needed to know when justices should retire); July 25,
p. 302.
* Crack
Cocaine Sentencing Inequity (Sentencing guidelines create "unwarranted
disparity"); Aug. 1, p. 394.
* Not
Just the Lawyer Here (Banco Popular might make attorneys liable); Aug.
1, p. 394.
* Ambush
Acquisition (Mipro Homes tramples on Municipal Land Use Law); Aug. 8, p.
490.
* The
Evolving American Rule (Permit fee shifting in state constitutional cases);
Aug. 8, p. 490.
* A
Legislature for the U.N. (Weighted voting would advance world democracy); Aug.
8, p. 490.
* Gaming
the Law School Rankings (U.S. News and World Report's effort distorts
what law school should be); Aug. 15, p. 582.
*
Amending the LAD (Gender identity is the next step); Aug. 15, p. 582.
*
Federalism for Iraq? (It marks the beginning of constitutional governance);
Aug. 22, p. 666.
* Electronic
Records of Deeds and Mortgages (New Jersey should adopt Uniform Real Property
Electronic Recording Act); Aug. 22, p. 666.
* John
McLaughlin (A guiding light is lost); Aug. 22, p. 666.
*
Hypodermics and Public Health (Supreme Court or Legislature should reverse Atlantic
City decision); Aug. 29, p. 730.
* Let's
Get Real Here (WWII and War on Terrorism comparison); Aug. 29, p. 730.
*
Sentencing in New Jersey (Trio of cases brings New Jersey into conformity with
Constitution); Sept. 5, p. 842.
* Mr.
Roberts' Grammar (If Roberts is as good as Justice Clifford, he'll bring skill
to Court); Sept. 5, p. 842.
* An
Urgent Call -- Hurricane Katrina (Time for N.J.'s legal community to help);
Sept. 12, p. 1006.
*
Shackles, Due Process and Strict Constructionism (Majority in Deck
enlightened; dissent rigid); Sept. 12, p. 1006.
* Tim
O'Brien's Legacy (He contributed to legal journalism in New Jersey); Sept. 12,
p. 1006.
* Drowned
(We deserve what we got with Hurricane Katrina); Sept. 19, p. 1082.
* Katrina
Will Test the Legal System (Time for the legal profession to rise to the call);
Sept. 19, p. 1082.
*
Hypocrisy at the U.N.? (President's message and Bolton's actions diverge);
Sept. 19, p. 1082.
* Recusal
as Judicial Defiance (Legal system can sustain acts of conscience); Sept. 26,
p. 1190.
*
Deadbeat Legislation (Best solution is a national database for child support);
Sept. 26, p. 1191.
NOTICES
TO THE BAR
* July
4, p. 2: Appellate Division Requesting E-Mail Addresses; N.J. Supreme Court
Designation of Wiretap Judge (Sypek); Restoration to Practice (Chasar);
Application to Designate Bextra Litigation as a Mass Tort; U.S. Bankruptcy
Judgeship Vacancies -- District of Delaware; Judicial Assignments (Covert,
Call, Lerner, Hollar-Gregory, Sivilli); Defaults Scheduled for Review by the
Disciplinary Review Board (Payton); Disciplinary Order to Show Cause (Abraha);
Disciplinary Action (Leiner); U.S. District Court for the District of New
Jersey Full-Time United States Magistrate Judge Position at Newark; Order on
Petition for Release of Funds (Schiavo); Bankruptcies.
* July
11, p. 82: IOLTA and Implementation of Reasonable Return Standard --
Further Information; Supplement to the 2004-05 General Assignment Order
(English, Mullaney); U.S. District Court for the District of New Jersey
Full-Time United States Magistrate Judge Position at Newark; General Assignment
Order; Office of Attorney Ethics Quarterly Discipline Report -- (1/1/05 to
3/31/05); Procedure for Resolving Attorneys' Civil Trial Scheduling Conflicts
-- Directive No. 12-05 [Supersedes Directive No. 6-94]; Interim Temporary
Suspension (Buonopane); Bankruptcies.
* July
18, p. 166: Mediation/Arbitration of "Lemon Law" Cases --
Statewide Pilot Program; Disciplinary Order to Show Cause (Bevacqua); New Jersey
Law Revision Commission Meeting Agenda for July 21, 2005; U.S. District Court
for the District of New Jersey Full-Time United States Magistrate Judge
Position at Newark; Amendments to Rules 4:21A-6 and 4:24-2; Resignations
Without Prejudice (Dolin, Battista, Griesmer, Hasin, Meshkati, Berns, Jessica
Singal Shapiro, Pfleger, Grieves, Stuart B. Shapiro, Malloy, Moore, Lippmann,
Parker, Yaggi); N.J. Lawyers' Fund for Client Protection Publication of
Deadlines; Assignment Order (Langan, Toskos, Ustas, Koprowski, Teare, Hyland,
Guadagno, LaConte, Espinosa); Correction of 2005-06 General Assignment Order --
Vicinage No. 5, Essex County; Special Committee on Peremptory Challenges and
Jury Voir Direc Extension of Comment Period; Amendments to R. 5:7A -- Domestic
Violence Restraining Orders; Panel for Title 2A Sentence Reviews; Electronic
Transmission and Filing of Domestic Violence Complaints, TROs Extension to
Passaic; Extension of Judicial Assignments (Todd, Higbee); N.J. Lawyers' Fund
for Client Protection Publication of Deadlines; Judicial Assignments (Gilroy,
Seltzer); Amendments to New Jersey Rules of Evidence -- Effective July 1, 2005;
Reinstatement of Attorneys; Judiciary Electronic Filing and Imaging System
(JEFIS) Expanded Statewide; Disciplinary Actions (Horas, Williams).
* July
25, p. 282: Mediation/Arbitration of "Lemon Law" Cases --
Statewide Pilot Program Corrected Notice; U.S. District Court for the District
of New Jersey Full-Time United States Magistrate Judge Position at Newark;
Conforming Amendment to R. 5:7A(f) -- Venue in Domestic Violence Final
Hearings; Appointments to Board of Trustees of N.J. Lawyers Assistance Program
(Annich, Levin, Russell, Farmer); UPLC Opinion 41 -- "Notaries Public and
the Unauthorized Practice of Law" (Spanish-Language Version); Relaxation
of Rule 3:2-2 -- Electronic signatures on criminal complaint-summons forms;
N.J. Lawyers' Fund for Client Protection Publication of Deadlines; N.J.
Lawyers' Fund for Client Protection Publication of Deadlines; Judicial Assignment
(Davidson); Disciplinary Actions (Dorwani, Richardson, Rohan); Bankruptcies.
* Aug.
1, p. 374: Reappointments to Supreme Court Advisory Committee on
Extrajudicial Activities (Alvarez, Armstrong, Burstein, Smith, Wells,
Parrillo); N.J. Lawyers' Fund for Client Protection Publication of Deadlines;
Judicial Assignment and Change of Venue in Civil Action Against Judge
(Subryan); Stay of Judicial Discipline Proceeding Pending Disposition of Civil
Action D-34 September Term 2004 (Subryan); Disciplinary Actions (Fitchett,
Yacavino); Disbarment by Consent (Mundy); Orders on Petitions for Release of
Funds (Apollo, Diaz, Krahn); Judicial Recall Assignments (Davis, Fratto); Judge
Rosemarie Williams Sitting in Hunterdon and Somerset Counties; U.S. District
Court for the District of New Jersey Full-Time United States Magistrate Judge
Position at Newark Amended Notice.
* Aug.
8, p. 470: Petitions for Certification -- Number of Copies of Briefs and
Appendices; Restoration to Practice (Levande); Assessment of Interpreter Fees
by the Court Vicinage 13 -- Somerset, Hunterdon and Warren Counties (Amendment
to Previous Notice); Judge Rosemarie Williams Sitting in Hunterdon and Somerset
Counties; Advisory Committee on Professional Ethics, Opinion 697 Conflict of
Interest: Concurrent Representation Involving Local Public Entities and Private
Clients; Disciplinary Action (Oxfeld); U.S. District Court Proposed Amendments
to the Local Civil Rules Local Civil Rule 10.1(b); U.S. District Court Proposed
Amendments to the Local Civil Rules Local Civil Rule 5.3 -- Electronic Filing
in Civil Cases; U.S. District Court Proposed Amendments to the Local Civil
Rules Local Civil Rule 501.1; U.S. District Court Proposed Amendments to the
Local Civil Rules Local Civil Rule 81.2(b); U.S. District Court for the
District of New Jersey Full-Time United States Magistrate Judge Position at
Newark Amended Notice; N.J. Lawyers' Fund for Client Protection Revocation of
License for Long-Term Ineligibility; Issues on Appeal Added Between May 28,
2006 and July 22, 2005; Orders to Show Cause in Disciplinary Proceedings
(Lawrence, Singer); Bankruptcies.
* Aug.
15, p. 562: U.S. District Court Proposed Amendments to the Local Civil
Rules Mandatory Electronic Filing in Civil Cases; Restoration to Practice
(Valentino); Judge Rosemarie Williams Sitting in Hunterdon and Somerset
Counties; U.S. District Court for the District of New Jersey Full-Time United
States Magistrate Judge Position at Newark Amended Notice; N.J. Lawyers' Fund
for Client Protection Revocation of License for Long-Term Ineligibility; Motion
Day Schedule 2006-07; Court Holiday Schedule 2006-07; Order on Petition for
Release of Funds (Untracht); Order to Show Cause in Disciplinary Proceeding
(McClure); Committee on Attorney Advertising Proposed Attorney Advertising
Guideline 3; Disciplinary Action (Struhl).
* Aug.
22, p. 646: U.S. District Court for the District of New Jersey Full-Time
United States Magistrate Judge Position at Newark Amended Notice; U.S. District
Court Proposed Amendments to the Local Civil Rules Mandatory Electronic Filing
in Civil Cases; N.J. Lawyers' Fund for Client Protection Revocation of License
for Long-Term Ineligibility; U.S. District Court Electronic Filing Forums
Schedule; Judge Rosemarie Williams Sitting in Hunterdon and Somerset Counties;
Motion Day Schedule 2006-07; Court Holiday Schedule 2006-07; N.J. State Bar
Nominating Committee Seeks Candidates for Vacant Seats; Additional Recall
Assignment -- Judge Lawrence Lerner.
* Aug.
29, p. 714: NJSBA General Council to Elect Nominating Committee Member;
Notice to the Members of the NJSBA General Council; U.S. Bankruptcy Judgeship
Vacancies -- Eastern District of Pennsylvania; U.S. Bankruptcy Court Increase
in Adversary Proceeding Filing Fee; U.S. District Court for the District of New
Jersey Full-Time United States Magistrate Judge Position at Newark Amended
Notice; U.S. District Court Proposed Amendments to the Local Civil Rules
Mandatory Electronic Filing in Civil Cases; U.S. District Court Electronic
Filing Forums Schedule; Judge Rosemarie Williams Sitting in Hunterdon and
Somerset Counties; Motion Day Schedule 2006-07; Court Holiday Schedule 2006-07;
Revisions to the Uniform Traffic Ticket (UTT); Default Scheduled for Review by
the Disciplinary Review Board; Resignations Without Prejudice (York, Rooney,
Shea, Parker, Dutkowski, Cohen, Steinfeld, Benzaquen, Kasmen, Pessin, Goldberg,
Bernhardt, Forman, Goldstein, Scanlon, Cahill, McManus, Brenner, Gannon,
Rosenboro, Rosen, Frastai, Atkins, Haran, Napoleone, Rooney, Berry, Duffy, Hyman,
Siton; Mathieu, Eisengaure, Kronenberg, Feeney, Twomey, McNulty,
McDougall-Tural, Zwerling, Feeney, Mason, Gold, Boguslawski, Kandoian, Zirkel,
Cernitz).
* Sept.
5, p. 826: NJSBA General Council to Elect Nominating Committee Member;
Notice to the Members of the NJSBA General Council; U.S. Bankruptcy Judgeship
Vacancies -- Eastern District of Pennsylvania; Hudson County Superior Court --
Computation of Time; State Bar Nominating Committee Seeks Candidates for Vacant
Seats; U.S. District Court Electronic Filing Forums Schedule; Restoration to
Practice (Dranov); U.S. District Court Electronic Filing Forums Schedule; N.J.
Lawyers' Fund for Client Protection Deadlines for Filing Claims (Buonopane,
Giergerich, Lane, Parles, Williams); Orders on Petitions for Release of Funds
(Borek, Caro, Mole, Sassano, Valore); Temporary Judicial Assignments (Bernhard,
Chambers, Waugh, Francis, Koenig, Lerner, Levy, Sapp-Peterson, Volkert,
Casale); Resignations Without Prejudice (Roth, Rodriguez, Rooney, Furman,
Chetkof, Graziosi, Grisaru, Cronk, Malkin, David, Goodman, Johnson, Mede,
Giblin, Brasch, DeMarco, Tranchina, Arthur, Lynch, Saladoff, Pallitto, Lee,
Lopez, Litwack, Goldstein, Mullaly, Cohen, Sperling, Caroline Rankin Krivacka,
Paul D. Krivacka, Stern, Bennion, Paer, Birn, Bendit, Masheb, Jacobson, Katz,
Tsang, Lori W. March, Bruce I. March, Shur); Bankruptcies.
* Sept.
12, p. 990: IOLTA Fund of the Bar of New Jersey Annual Registration
Requirement; N.J. Administrative Office of the Courts Post-Judgment Rate of
Interest for Calendar Year 2006 (Rule 4:42-11); N.J. Supreme Court Committee on
Attorney Advertising, Guideline 3; Reinstatement of Attorneys; U.S. District
Court Electronic Filing Forums Schedule Judicial Recall Assignment (Bernhard);
N.J. Superior Court Appellate Division Emergent Applications (9/12/05 through
12/18/05).
* Sept.
19, p. 1066: Judicial Recall Assignment (Davis); Vicinage No. 3
(Burlington) Hours of Administrative Operation; Intensive Supervision Program
Resentencing Panel Membership; Restoration to Practice (LeBlanc); Judicial
Assignments (Lihotz, Miniman, Sabatino); State Bar Association Board of
Trustees Proposes Amendments to Bylaws; Quadrennial Review -- Child Support
Guidelines; State Bar Nominating Committee Seeks Candidates for Vacant Seats; Disciplinary
Orders to Show Cause (Haldusiewicz, Kolmar, Larosiliere); Resignations Without
Prejudice (Simon, Trapp, Dana, Brown, Burke, Momeni, Frame, Zacharakis,
Breslin, Wong, Clark, Cervoni, Beer, Rieman, Wallerstein, Valent, Rabin,
Masley, Lin, Klein, Carpenter, Coletta, Gedalowitz, Duteau, O'Brien, Askenazi,
Siegel, Rivera-Rivera, Sadler, Furness, DeSelms, Blum, Paniccia, Donofrio);
Judicial Recall (Page); Designation of Clerk of the Tax Court (Ryan);
Application to Designate Ortho Evra Litigation as a Mass Tort; Disciplinary
Actions (Abraha, Dorian, Fisher, Gibson, Michals); Reinstatement of Attorneys;
Update to Model Civil Jury Charges 5.42 Limitation on Lawsuit Option; Judicial
Recall Assignment (Perretti); Reappointments to the Advisory Committee on
Judicial Conduct (Kluck, Thompson, Dauber); U.S. District Court Electronic
Filing Forums Schedule; Bankruptcies.
* Sept.
26, p. 1166: Mediation/Arbitration of "Lemon Law" Cases --
Statewide Pilot Program; Judicial Assignments (Roe, Vichness); Posting of Unpublished
Appellate Division Opinions; Disbarment on Consent (Darnell); Resignations
Without Prejudice (Zayas, Lehrer, Wildes, Kane, Kaestner, Bilello); Order on
Petition for Release of Funds (Landfield); Directive No. 13-05 -- Plea Forms --
(Modifies Directives No. 4-02 and No. 12-03).
SUPPLEMENTS
AND THIRD SECTIONS
* April
to June 2005 Index: July 4.
* Environmental
Law: July 11.
* At 25,
Is Superfund Still the Robust Gorilla It Once Was?; by Maura E. Blau, p. 125.
*
Agencies' Slow Remediation Process Frustrates Courts; by James Stewart, p. 128.
* Taking
for Economic Development Purposes Upheld; by Lewis Goldshore and Marsha Wolf,
p. 130.
* NJDEP
Issues New Vapor Intrusion Guidance; by Randi Schillinger and Hillary A. Jury,
p. 131.
* Vapor
Guidance Could Have Profound Impact; by Catherine A. Trinkle, Stephanie M.
Haggerty and Edward W. Floyd, p. 132.
* Lawsuit
Not Required for Insurance Coverage; by Stuart Lieberman and Shari Blecher, p.
134.
* Will
Cleanup Star Program Produce Faster Results?; by Mary Lou Delahanty, p. 135.
* Tax
Relief for Brownfield Buyers; by Mark G. Maser, p. 137.
* Intellectual
Property & Life Sciences: July 18.
* Supreme
Court Green Lights Preclinical Drug Studies; by Leslie Gladstone Restaino and
J. Tori Evans, p. 215.
*
Copyright and the Internet; by Cathryn A. Mitchell, p. 217.
*
Licensing in Life Science Transactions; by Rosemary Farr, p. 218.
* Putting
Your Patent Portfolio To Work; by Mary Catherine Di Nunzio and Matthew Wotiz,
p. 221.
* The
Authorized Generics Conundrum; by Marc S. Friedman and Barry J. Marenberg, p.
222.
* Are
Business Method Inventions Being "Given the Business"?; by Jonathan
A. David, p. 224.
*
Alternatives to Litigating IP Disputes; by Roberta Jacobs-Meadway, p. 227.
* Patent
Reform 2005: Sound and Fury Signifying What?; by Lawrence B. Ebert, p. 228.
*
Protecting Source Code; by Sheila F. McShane and Ira J. Hammer, p. 231.
* Walking
the Tightrope of Fair Use; by Howard J. Schwartz and Michael Gilleece, p. 232.
* U.S.
Supreme Court Review 2004-2005 Term: July 25.
* A
Deeply Rooted Revolution; by Herman Schwartz, p. 329.
* How to
be Religiously Neutral; by Douglas Laycock, p. 332.
*
Unfinished Edifice Lex; by Jerry Stouk, p. 333.
* Two
Rulings Significant for Business; by Michael Bobelian, p. 334.
*
Trademark Use May Be Confusing, But Still Fair; by Jeanne M. Hamburg, p. 335.
*
Reviewing Decisions on Employment Law; by John P. Furfaro and Maury B.
Josephson, p. 336.
* With
Intent to Infringe; by Susanna Frederick Fischer, p. 338.
* How
"Winning" Cases Took a Wrong Turn; by Tony Mauro, p. 339.
* Corporate
Law: Aug. 1.
* The
Erosion of Attorney-Client Privilege; by Peter G. Verniero, p. 419.
*
Knowledge Is Power; by Lawrence D. Jackson, p. 420.
*
Corporations May Be Sued for Discrimination in Business Dealings; by Wanda L.
Ellert, p. 423.
*
Corporate Lawyers on the Front Lines; by Cathryn A. Mitchell, p. 424.
* Insider
Training: Food for Thought; by Warren J. Casey, p. 427.
* Valuing
Stock in Oppressed Shareholder Actions; by Alan S. Pralgever, p. 428.
* The
Manager-Lawyer Relationship; by Leonard Lieberman, p. 431.
* Medical
Malpractice: Aug. 8.
*
Screening Lasik Cases; by Abbott S. Brown, p. 513.
*
Proposed Changes to Jury Voir Dire; by William A. Krais, p. 516.
* Doctor
Cannot Veto Settlement With Hospital; by Christine P. O'Hearn, p. 518.
*
Selecting the Right Cases; by Jeffrey E. Strauss and Ira J. Zarin, p. 520.
* Be Open
to Openings; by Miles B. Cooper and Cynthia Bernet-McGuinn, p. 522.
* Making
the Most of Pretrial Discovery; by Amos Gern and John Ratkowitz, p. 524.
* How to
Pick the Right Audience; by Wayne R. Cohen, p. 526.
* Family
Law: Aug. 15.
* Courts
Can Order Sale of Property Prior to Divorce; by Myrna L. Wigod and Alison
Coriaty O'Sullivan, p. 605.
* Sorting
Out Premarital Assets; by Nicole T. Donoian, p. 608.
*
Unallocated Support Payments Taxed as "Alimony"; by Theresa E.
Julian, p. 609.
*
Matrimonial E-Discovery Orders; by Jonathan Bick and Jonathan E. Von Kohorn, p.
610.
* Ten
Common Questions About Postnuptial Agreements; by Charles C. Abut, p. 611.
* Fair
Market Value; by Charles F. Vuotto Jr., p. 612.
* Back to
Basics; by Robert Durst, p. 614.
* Within
State Lines But a World Away; by Robert T. Corcoran, p. 616.
* The
Future of Family Law; by Mary Kay Kisthardt and Barbara Handschu, p. 618.
* Women
and Minorities in the Legal Profession: Aug. 29.
* A
Shallower Gender Pool; by Charles Toutant, p. 754.
* Ethnic
and Women Lawyers at Large N.J. Firms; p. 756.
* Women
and Minority Profiles; p. 757.
* The
State Supreme Court Year in Review, 2004-2005: Sept. 5.
* Serious
Impact Excised From Auto Injury Cases (Tort Law); by Ronald Grayzel, p. 868.
* Banks
Lose One Weapon, Gain Another (Banking Law); by Todd M. Poland, p. 888.
*
Gamesmanship Taken Too Far (Commercial Law); by Arthur L. Raynes, p. 895.
* A Good
Year for Beach Goers (Environmental Law); by Lewis Goldshore and Marsha Wolf,
p. 902.
* Court
Holds Developers Accountable (Municipal Law); by Edward J. Buzak, p. 906.
* Advice
on Asset Protection Could Land Lawyers in Hot Water (Legal Ethics and
Malpractice); by Bennett J. Wasserman, p. 920.
* Courts
May Impute Income When Calculating Child Support (Family Law); by Edward S.
Snyder, p. 928.
*
Corporate Business Tax, Farmland Assessment Act Examined (Tax Law); by Robert
J. Alter, p. 935.
*
Sentencing Procedures Defined (Criminal Law); by Alan L. Zegas, p. 937.
*
"Legitimate Expectations" Burden Reduced (Employment Law); by
Rosemary Alito, p. 946.
* Law
Office Technology: Sept. 12.
* Meeting
E-Discovery Challenges; by Beth S. Rose, p. 1030.
*
Modernizing the Rules of Engagement; by Jeremy M. Brown and Jody S. Riger, p.
1032.
* Ten
Ways to Botch E-Discovery; by Jonathan E. Sachs, p. 1033.
*
Understanding E-Mail: How Does It Get From My Desk to Yours?; by Roger C.
Schechter, p. 1034.
* The
"Big" Small Firm; by Tanya Duprey, p. 1035.
* Personal
Injury: Sept. 19.
* Top 20
Personal Injury Awards of the Year; p. 1105.
* Ten
More Awards Worth Noting; p. 1112.
* The
Evolution of the Initial Permission Rule; by John C. Macce, p. 1114.
* Proving
a Brain Injury; by Bruce H. Stern, p. 1118.
* A Daubert
Checklist; by Edward J. Imwinkelried, p. 1120.
* Federal
Tort Trials Continue a Downward Spiral; by Leonard Post, p. 1122.
* Which
Tort Reform Options?; by Michael I. Krauss, p. 1123.
* Growing
Trend: Prosecution for Workers' Injuries, Deaths; by Stephen G. Sozio and
Earnest B. Gregory, p. 1124.
*
Handling Construction Accidents; by Robert J. Mongeluzzi, p. 1126.
* Lawyers'
Fund for Client Protection Ineligible and License-Revoked Attorneys: Sept.
26.
* Real
Estate and Title Insurance: Sept. 26.
* Twenty
Years of State Planning: Where Are We Going?; by Thomas Jay Hall, p. 1213.
* New
Title Endorsements Available in New Jersey; by Robert S. Baranowski Jr. and
Kenneth M. Morgan, p. 1216.
* When an
Estate Owns the Condo; by Steven Troup and John A. Zucker, p. 1217.
* Don't
Fence Me In; by Lewis Goldsore and Marsha Wolf, p. 1218.
* Court
Greenlights Ambush Acquisitions; by Gary S. Forshner and Vincent J. Mangini, p.
1219.
*
Redevelopment in New Jersey; by Jonathan S. Goodgold, p. 1220.
* Mt.
Laurel's New Legacy?; by Andrew R. Davis, p. 1222.
*
Homeowners Have Powerful Weapon Against Dishonest Contractors; by Lizanne V.
Hoerst, p. 1223.
LOAD-DATE: October 3, 2005