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By AnnMarie McDonald | The Jersey Journal 

October 21, 2013

 

When natural disasters strike, indiscriminate in wrath and sometimes unprecedented in destruction, at least one fact generally applies: volunteers are needed to help recover and rebuild.   

 

Hundreds of licensed architects and engineers headed to parts of Alabama following their devastating tornados in 2011, contributing thousands of hours in pro-bono inspections.  And Assembly Majority Lou Greenwald is hoping that legislation he introduced in Sandy's aftermath will allow New Jersey to welcome the same volunteerism during future natural disasters.

 

What made Alabama's hospitality possible is a Good Samaritan Law which protects such volunteers from frivolous litigation.  Greenwald's bill, A-3694, would provide immunity to licensed architects and engineers who volunteer at the scene of a declared emergency at the request of authorities.

 

Greenwald is hoping to advance the measure during the lame-duck session.  It has been referred to the Assembly Regulated Professions Committee and is cosponsored by Assemblywomen Handlin and Jasey. 

 

  

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By Salvador Rizzo | The Star-Ledger
October 28, 2013

The New Jersey Supreme Court is down one more member as of today.

When Justice Helen Hoens stepped down last week, it created a third vacancy on the seven-member high court. This one is likely to remain unfilled for at least a month.

 

Gov. Chris Christie and Democratic lawmakers have been feuding over the "partisan balance" on the court for years, leaving several nominees in limbo.

Hoens, a Republican, stepped down last week when her seven-year term expired. Christie declined to nominate her for tenure this year, saying Democrats were sure to reject her, and instead put forward Superior Court Judge Faustino Fernandez-Vina to fill her spot.

 

A Republican judge from Camden County, Fernandez-Vina was endorsed unanimously by the Senate Judiciary Committee earlier this month but still needs the full Senate to sign off on his appointment.

 

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By AnnMarie McDonald | Lawsuit Reform Watch 

October 31, 2013

 

 

While you're dodging crazy goblins and ghouls, you might want to keep a watchful  eye for crazy lawsuits, too.

In honor Halloween, here is our compilation of crazy Halloween lawsuits from 2010:

 

The Haunted House was too scary.  Yep, it was filed by an adult against a large company.  The Plaintiff said that the Universal Studios attraction caused her "mental anguish" and "extreme fear."  

 

Maryland lawsuit over Halloween fundraiser is a real scream.  This is a recent case actually going before the courts in the Old Line State.  Your Halloween fundraiser two hours from my Halloween fundraiser might scare patrons away.  Time to call in the courts.  

 

And my personal favorite, posted by Robert on the Insurance Blog: The Only Thing Scarier Than Halloween? A Trick-or-Treater's Liability Lawsuit.

 

Robert talks about how to protect oneself from the "overzealous trick-or-treater" whose parent happens to be a personal injury lawyer. 

 

Read More 

Around the States 

By Jon Campisi | Legal Newsline 

October 25, 2013

 

Aside from an end to slavery and a patching up of our national identity, another thing to come out of the Civil War, at least on the legislative front, was the passage of the False Claims Act.

 

The measure was enacted with the goal of fighting profiteering by those who supplied the Union Army with things such as weapons and ammunition.

The measure, also referred to as "Lincoln's Law," allowed the government to hold contractors liable for bad faith dealings.

 

The False Claims Act came about during a time when contractors took advantage of wartime dependence to defraud the U.S. Government by dealing faulty ammunition and weaponry, sick live stock and tainted food rations, according to a summary of the statute on the website of the law firm Messa & Associates.

Today, however, court reform advocates maintain that the statute is being overused, and at times misused, by both the federal government and those who sue on behalf of the government.

 

Read More 

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