Legal Research

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THREATS BY CLIENT SOUR ON PLEA DEAL LEAD TO ARREST AT LAWYER'S OFFICE
"A plea deal in a traffic-violation case that seemed satisfactory at the time apparently left a client seething with rage, leading to an altercation months later at Mercer County lawyer Edward Heyburn's office that police were called to break up. A day after making a threatening phone call, the client showed up in pajamas and an overcoat, complaining loudly that that Heyburn had brainwashed him into taking the plea and had colluded with the prosecution. But what finally caused Heyburn to call the police, he says, was that the client seemed to be reaching into his pocket as if to pull a gun."

NONPARTY NOT PERSONALLY SERVED CAN'T BE SANCTIONED FOR IGNORING SUBPOENA
"Serving papers by mail can work as a convenient shortcut in some circumstances, but a New Jersey appeals court ruling makes it clear that sometimes only personal service will do. The Appellate Division on Monday vacated sanctions against a doctor for failing to turn over patient records in compliance with a subpoena or court order that was never personally served on him, finding the court thus lacked jurisdiction. The judges, in NJ CURE v. Estate of Robert Hamilton, said service of a document subpoena by mail might be a good way to conduct discovery when all involved are willing to cooperate but it is 'not an effective manner of serving a subpoena on an unwilling non-party.' "

ASSEMBLY PANEL APPROVES BILL TO BAR STALKERS FROM E-MAILING THEIR PREY
"The Assembly Judiciary Committee on Monday recommended passage of two bills aimed at restricting a person convicted of stalking from contacting his or her victim by e-mail. One measure, A-2143, would add e-mail messages to the list of prohibited contacts that may be contained in a permanent restraining order. The other, A-3348, would require anyone convicted of stalking to register all his or her e-mail accounts, usernames and passwords with the local law enforcement agency. The Attorney General's Office supports the bills and favors an amendment to A-2143 that would also ban contacts through use of social networking sites."

CIVIL RAPE SHIELD LAW MEASURE ADVANCED BY ASSEMBLY PANEL
"The Assembly Judiciary Committee on Monday recommended passage of a bill that would create a civil rape shield law for victims of sexual assault. The bill, A-243, would render inadmissible a sexual assault victims' prior sexual history if he or she brings a civil action against the defendant. Only in rare cases, and on a showing of good cause, would the victim's prior sexual history become discoverable. The bill is patterned after California's civil rape shield law, which that state passed in 1986".

BILL WOULD BRING FALSE CLAIMS ACT IN HARMONY WITH QUI TAM LAW
"The Assembly Judiciary Committee on Monday unanimously recommended passage of a measure designed to bring New Jersey's False Claims Act into compliance with the federal government's Deficit Reduction Act, so that the state can be eligible for enhanced recoveries in Medicaid fraud cases. The bill, S-2534, makes changes in New Jersey's False Claims Act, N.J.S.A. 2A:32C-1 et seq., recommended by the U.S. Department of Health and Human Service's inspector general, that would reward and encourage qui tam actions, by which private individuals can sue in the name of the government and to keep a percentage of the recovery."