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: New York Supreme Court Criminal Term Library

New Jersey Law Journal: Lead Articles May 22, 2009

By David Badertscher, PLL

Divorce Lawyer Is Denied Fee for Extra Services Not Put in Writing

"ANew Jersey court ruling should put divorce lawyers on notice that if they provide services going beyond the scope of the original retainer agreement, they may not get paid for them."

Court Sets 'Don't Ask, Don't Tell' Rule For Illegal-Alien Class-Action Plaintiffs

"In a case of first impression in New Jersey, an appeals court holds that defense counsel cannot ask the plaintiffs about their immigration status during discovery in a putative class action suit alleging an employer cheated its workers out of just compensation and overtime pay".

Green-Building Bills Budding in Trenton

"The urge to go green has sown seeds in the New Jersey Legislature that may begin sprouting by the fall, forcing the attention of environmental and development lawyers into new commercial and regulatory areas."

Judge Tosses Suit Claiming War in Iraq Illegal

"For reasons of lack of standing and nonjusticiability, a federal judge in Newark dismisses a suit that claimed the Iraq War was unconstitutional because Congress never issued a declaration of war."

Reprimand Imposed on Divorce Lawyer Who Made Retainers Nonrefundable

"Use of nonrefundable retainer agreements in violation of a court rule has drawn a reprimand for well-known matrimonial lawyer Elliot Gourvitz."

Court Tosses $908,000 Class Action Fee, Calling Enhancement Bereft of Fact-Finding

"A state appeals court reverses a judge's $908,000 fee award to class action plaintiffs' lawyers in a case against car dealers accused of overcharging for title and registration fees, holding the judge made the award without findings that the lawyers deserved the fees and a 45 percent enhancement."

Full post as published by New York Supreme Court Criminal Term Library on May 22, 2009 (boomark / email).