Author: Marc S. Berman
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Parent Using Cocaine And Marijuana Before Visitation Time With Child
A father was recently charged with child neglect. As is often the case in this type of litigation, the names of the parties involved were not released to the public. All we know are the father’s initials, R.S. Let’s call him Rob. Rob has a twelve-year-old daughter and an eleven-year-old son. Each child has a…
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No Federal Civil Rights Remedy Against Public Drunkenness Laws
In 1977, New Jersey passed a law that prohibited municipalities from making public drunkenness a punishable offense. Even so, many towns kept local ordinances that made public intoxication illegal. Maple Shade is one such place. Actually, the township didn’t even pass its current public intoxication ordinance until 1997, a full 20 years after the state…
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The Case of the Tilting Swimming Pool
One of the main reasons that business owners form corporations is to protect their personal assets. If the business is then sued, and loses, the business owner can, at worst, only lose the assets of the business. He or she will not lose his or her personal assets. However, if the business owner personally engages…
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State Court Will Not Force Husband To Give Wife Religious Divorce
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…
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Former Employer Not Liable For Giving A Negative Reference
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 hospital.…
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Police Chief Can’t Sue Borough For First Amendment Violation
The Borough of Duryea (in Pennsylvania) fired its police chief. He then filed a complaint with the police union that got him his job back. Later, he filed another complaint that led to changes in some of the demands the borough made of him. Feeling like he was on a roll, the chief next filed…
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Special Jury Instruction If God Told You To Do It
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…
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Judge Rotation
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.…
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HOLIDAY POSTING
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.
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False Claims Act Not Retroactive
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%…