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: New York Supreme Court Criminal Term LibraryNew Jersey Law Journal News Briefs June 15, 2009
By David Badertscher, PLL
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GOVERNOR NOMINATES SCORE OF CANDIDATES FOR JUDGESHIPS
"Gov. Jon Corzine has put forward 16 nominees to the Superior Court, two to the Tax Court and four to Executive Branch judgeships. The list includes Margaret Foti, a former chief counsel to Gov. Christine Whitman, who is one of four named from Bergen County, the vicinage with the largest number of vacancies. Also nominated is Robert Gilson, the current director of the attorney general's Division of Law. Click here for the story, with full biographies of the candidates."
SETTLEMENT FORGED IN CROSS-BORDER CONDEMNATION SUIT
"Combatants in a rare condemnation case, one that held out promise of enlightenment on towns' authority to take property outside their borders, have reached a settlement. Under a consent order signed by Bergen County Assignment Judge Peter Doyne, Cliffside Park will pay $2.35 million to acquire a 22,000-square foot building in Fairview for use as a public-works garage. The case is illustrative of how extra territorial condemnations can and can't work. Although the eminent domain statute allows it, no court in the state has approved an extra-territorial condemnation without the host municipality's approval."
COUNTY IS STUCK WITH $19M JUDGMENT THAT INSURER WON'T PAY
"Eight months of post-trial battling over a $31 million verdict to a driver who lost his leg in an accident on a county road ended Friday when a state judge signed a $19.3 million judgment against Camden County. Worse for the county, its liability carrier, State National Insurance Co., has disclaimed coverage and is suing in federal court, claiming the county's lawyers botched the defense and failed to settle within the limits of the policy's $300,000 self-insured retention. Appealing the judgment may not be an option, because the plaintiff's lawyer vows to counter with a cross-appeal to reinstate the $31 million verdict."
INSURER BLAMES LAWYER FOR BLOT ON TITLE
"A venerable title insurance company has done something unusual in New Jersey, and lawyers aren't likely to applaud. Chicago Title Insurance Co. filed a malpractice claim against homebuyer's attorney Albert Birchwale, saying he acted without diligence and owes a piece of the $300,000 the carrier paid to save a policyholder's home. Veteran real estate lawyers say that they've heard of suits by title insurers against lawyers who weren't diligent but that this is the first they know of to allege an attorney failed to research previous sales in the property's history ? a job usually thought to be the role of title professionals."
A LOOK AT THE WILENTZ COURT FROM WITHIN: PART 6
"In the sixth of nine installments of his book, "What Makes a Court Supreme," printed in the New Jersey Law Journal, Justice Daniel O'Hern focuses on the contributions of Marie Garibaldi, nicknamed "Doc" by her fellow justices because she collected so many honorary degrees. Her signature opinions were in a trilogy of right-to-die cases, which emphasized the principles that pervade her jurisprudence: self-responsibility and self-determination."
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Full post as published by New York Supreme Court Criminal Term Library on June 15, 2009 (boomark / email).
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