Legal News That You Can Use

State Court Will Not Force Husband To Give Wife Religious Divorce

  • By Marc S. Berman

Marriage is a unique institution. It is regulated by state law. But it also can be a religious sacrament. Secular courts normally don’t get involved in religious matters. However, when a marriage goes bad, this dual aspect of marriage can compel courts to intervene. For example, technically, under Jewish law, only a husband can initiate Read More


FORMER EMPLOYER NOT LIABLE FOR GIVING A NEGATIVE REFERENCE

  • By Marc S. Berman

A South Jersey physician’s assistant recently sued his former employer over a bad job reference.  The man accused the employer, a hospital, of defaming him. In 1999, the physician’s assistant received a poor performance review.  He was fired in early 2000.  Years later, the man applied to receive his physician’s assistant credentials from another Read More



SPECIAL JURY INSTRUCTION IF GOD TOLD YOU TO DO IT

  • By Marc S. Berman

A New Jersey man was convicted at trial of murdering his pregnant girlfriend after God told him to do it. Not surprisingly, the defendant pled insanity. An appeals court recently reversed the conviction. The appellate court ruled that the trial judge should have told the jury that even if they thought that the man knew Read More


JUDGE ROTATION

  • By Marc S. Berman

The New Jersey court system rotates judicial assignments. Every summer the New Jersey Supreme Court Chief Justice issues an order that transfers some trial judges to new assignments, where they preside over different types of cases than previously. This year, a record 60 judges were told to participate in the judicial game of musical chairs. Read More


HOLIDAY POSTING

  • By Marc S. Berman

Hi everyone, Since so many people will be busy and traveling to be with their families, I won’t be posting any new content today or Friday.  But fear not, normal posting will resume Monday.  I wish all a happy Thanksgiving.


FALSE CLAIMS ACT NOT RETROACTIVE

  • By Marc S. Berman

In early 2008, New Jersey adopted its own version of a federal law called the False Claims Act. The law allows private individuals to sue government contractors for fraud on behalf of the state. This is called a qui tam claim. Someone who sues under this law is allowed to keep between 15% and 30% Read More


JUSTICE SCALIA IS A HARSH COLLEAGUE

  • By Marc S. Berman

Do you think that your co-workers are sometimes a little hard on you? Maybe sometimes they criticize something you say, or how you do something? That seems like the sort of thing that, say, a United States Supreme Court Justice wouldn’t have to deal with on a regular basis. That is, unless your colleague on Read More


SUING OVER GRADES

  • By Marc S. Berman

The New Jersey Supreme Court has finally decided what is certainly a pressing issue in the minds of unhappy students: can you sue your school for giving you poor grades? The answer was a resounding, “Nope.” The Court determined that grades are not subject to judicial review, only the grading process is. This means that Read More


FAMILY OF DEAD INMATE CAN PURSUE LOSS OF ENJOYMENT OF LIFE CLAIM

  • By Marc S. Berman

The family of a Passaic County man who hanged himself in jail, and then died after going into a coma, has been told that they can pursue a damages claim for loss of life enjoyment. The man had been jailed for threatening his mother with a knife, and for subsequently violating his probation. After being Read More