The Problem with Our Judicial System
I couldn't find a better example to illustrate the problem with our judicial system. In a recently unpublished decision of the New Jersey Appellate Division, Hernandez v. North Jersey Neurosurgical Associates, Superior Court of New Jersey, Docket No. A-0890-12T2, the appeals court reversed a Hudson County trial judge's decision to enter defaul...
Blogger Not Required to Disclose Sources Under New Jersey Shield Law
NJ Shield Law Protects Politically Motivated Blogger
In connection with a grand jury investigation undertaken by the Union County Prosecutor's Office about possible misuse of generators by public officials during Hurricane Sandy, a New Jersey Superior Court judge granted a blogger's motion to quash a prosecutor's subpoena seeking to compel the blo...
Appeals Court Shuts Classroom Door on Teacher For Posting Derogatory Facebook Comments
In an unpublished decision issued on January 11, 2013, a NJ appeals court upheld the firing of a first-grade teacher in the Paterson school district who called her students "future criminals" in a Facebook post. In the Matter of the Tenure Hearing of Jennifer O'Brien, Superior Court of New Jersey, Appellate Division, Docket No. A-2452-11T4. This ca...
When is a Case Really Settled Under NJ Law?
It is not too difficult to Imagine the following scenario. There is bitter litigation between 2 or more parties that has dragged on for several years. Each side is represented by legal counsel, and each has spent thousands of dollars in legal fees trying to posture the case in their favor. A trial is approaching shortly. The parties are each growin...