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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
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
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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
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
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Risk Policy Report
December 20, 2005
SECTION: Vol. 12 No. 50
LENGTH: 1242 words
HEADLINE: Activists Weigh Litigation As EPA Downplays Risks From Hurricane
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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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
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.
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."
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.
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 email@example.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,
Web site: http://west.thomson.com/news/experts
SOURCE Thomson West
LOAD-DATE: December 13, 2005
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The Legal Ledger (St. Paul, MN)
December 1, 2005
LENGTH: 1411 words
HEADLINE: MNs director of Homeland Security helps state prepare for the worst
BYLINE: Charley Shaw
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
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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 firstname.lastname@example.org.
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
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
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
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?
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
82 of 110 DOCUMENTS
Copyright 2005 ALM Properties, Inc.
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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
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.
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All Rights Reserved
Los Angeles Times
October 5, 2005 Wednesday
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
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
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All Rights Reserved
New Jersey Law Journal
October 3, 2005
LENGTH: 9694 words
HEADLINE: Topical Index to Articles;
Deck or subhead to go here
please replace asterisks with bullets (option + 8)
* Adoption Agency to Apologize and Pay Damages for HIV Discrimination; by Michael Booth, July 11, p. 87.
* 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.
* 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.
* Major League; by Lisa Brennan, July 25, p. 305.
(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.
* 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 Court Passes Assembly; by Michael Booth, July 4, p. 25.
* 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.
* 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.
* 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.
* WorldCom Fraud's "Architect" Receives 5-Year Prison Term; by Michael Bobelian, Aug. 15, p. 567.
* Overcrowding and Safety Concerns at Warren Courthouse Prompt Suit; by Mary P. Gallagher, Aug. 1, p. 377.
* 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.
* 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.
* 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.
(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.
* 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.
(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.
ALTERNATIVE DISPUTE RESOLUTION
* Enforcing Arbitration Awards Against Foreign Entities; by David W. Phillips, Aug. 29, p. 736.
* 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.
* 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.
* 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.
* Dissenting From an LLC Transaction; by Stuart L. Pachman, July 18, p. 192.
* Competency of a Criminal Defendant; by James S. Friedman, Aug. 1, p. 401.
* 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.
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.
* Settlement, Divorce and Estate Planning to Safeguard Disability Aid; by Lawrence A. Friedman, Sept. 5, p. 849.
* 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.
* Advance Degree Exemption Opens Door to Foreign Experts; by Harry Asatrian, Aug. 15, p. 589.
* 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.
* Much Ado About Something; by David Leit and Matthew Savare, Sept. 12, p. 1013.
* 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.
* 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.
* 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.
* 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.
(See Inadmissible, Notices to the Bar)
* 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.
* 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.
* 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.
* 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.
* Lawyers Can't Be Sued for Creditor Fraud; by Henry Gottlieb, July 4, p. 7.
* 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.
* 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.
* 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.
(See Suits & Deals)
* Insurance Regulators Seek Judge's Sign-Off on MIIX Settlement Payouts; by Mary P. Gallagher, July 25, p. 287.
* 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.
* 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.
* 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.
* 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.
(See Suits & Deals)
* Post-Accident-Repairs Evidence Held Admissible Against Manufacturer; by Shannon P. Duffy, Aug. 8, p. 479.
* 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.
* N.J. Law Schools Take in Students Ousted by Flood; by Lisa Brennan, Sept. 12, p. 989.
* Lesbian Student Sues School District Over Hostile Learning Environment; by Michael Booth, Sept. 12, p. 993.
* Kicking It Up a Notch; by Lisa Brennan, Aug. 22, p. 645.
* 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.
* 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
* 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.
* Brown v. Esmore Correctional Services ($2.5M settlement); by Mary P. Gallagher, Sept. 5, p. 833.
* 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.
* 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.
* Smith v. DaimlerChrysler Services North America (settlement); by Mary P. Gallagher, Aug. 1, p. 381.
* Rahner v. Ott's Pub Inc. (no-cause verdict); by Charles Toutant, July 4, p. 9.
* 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.
* 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.
* 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.
* 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.
* 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.
* Rambo v. Rambo($6.3M judge award); by Mary P. Gallagher, July 11, p. 89.
SUPREME COURT, SUPREME COURT COMMITTEES
(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.
* 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.
* 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.
* 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.
* 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