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New Jersey Law Journal: News Briefs July 7, 2009

By David Badertscher, PLL

If you are already an online subscriber to the New Jersey Law Journal News Alert Service you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.

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BLOGGER SUED FOR DEFAMATION CAN'T INVOKE N.J. SHIELD LAW

http://editorial.incisivemedia.com/c/19t1rUvaext3rdyPL

"A blogger sued for her online criticism of a software company on a porn industry message board cannot invoke New Jersey's press shield law, a Monmouth County judge says in a case of first impression in the state. Superior Court Judge Louis Locascio's ruling allows the company, Too Much Media of Freehold, to ask blogger Shellee Hale the sources for comments she posted on Oprano, a Web site that proclaims itself the 'Wall Street Journal of porn.' In denying Hale protection as a journalist, Locascio said courts 'are now being faced with the task of evaluating a virtually limitless number of people who claim to be 'reporting' on issues, but who are, many times, doing little more than shouting from a digital soap box.' "

REHEARING DENIED IN CASE OF MURDER CONVICT FREED ON HABEAS

http://editorial.incisivemedia.com/c/19t1ucIl7NjTJ6uUc

"The Third U.S. Circuit Court of Appeals has declined to grant Ocean County prosecutors a rehearing in the case of Paul Kamienski, a New Jersey prisoner released on a habeas corpus writ last month after serving two decades in prison based in part on a murder conviction. In a one-paragraph ruling issued July 2, the court said the majority of the judges of the circuit did not vote for rehearing en banc. That means the May 26 order granting the writ will stand unless reversed by the U.S. Supreme Court. Kamienski, 61, had been in state prison since 1988 and was facing 19 more years in jail when a three-judge panel found a lack of sufficient evidence to support the murder conviction."

NEW JUDGE ASSIGNMENTS CAN'T KEEP PACE WITH ATTRITION

http://editorial.incisivemedia.com/c/19t1B5lRNySqALj7v

"Despite a last-minute spate of judicial confirmations, there are still not enough new state court judges to counter attrition due to retirement over the past 12 months, according to the judiciary's latest general assignment order. There were 29 new Superior Court judges appointed to the trial bench while 30 have left and three have been elevated to the Appellate Division ? an 88 percent replacement rate. By contrast, last year's order showed 33 new judges and 26 retirements, a 127 percent rate. There will be 378 judges statewide on Sept. 1 when the July 2 order takes effect ? reflecting a 4 percent decline from 393 judges in 2005."

COURT APPROVES RESTRICTIVE READING OF AUTO POLICY'S FAMILY-MEMBER EXCLUSION

http://editorial.incisivemedia.com/c/19t1Dnz2GOJgSEfbW

"New Jersey courts are usually known for not leaving an injured party without insurance, but there are limits ? such as when a policy clause unambigiously excludes coverage ? and that's what carried the day in Cassilli v. Soussou. A three-judge Appellate Division panel ruled on Monday that an injured driver can't recover from an excess policy, purchased by the son of the defendant, due to an exclusion clause denying coverage when use of a family-member-owned vehicle other than the named insured's "covered auto" was involved. The judges found that excluding coverage for a separately insured family member's use of a noncovered auto is not uncommon, legally sound and supported by policy."

VILLANOVA LAW DEAN RESIGNED AMID PROSTITUTION PROBE

http://editorial.incisivemedia.com/c/19t1HXZotkqXsq7kO

"Word of Villanova Law School Dean Mark Sargent's resignation last week for 'personal and medical reasons' was accompanied by little in the way of a pronouncement of his accomplishments or a formal press release announcing his next step. Over the course of the holiday weekend, however, a different picture was painted of Sargent's decision to step down after 12 years. Reports in The Philadelphia Inquirer described Sargent's involvement as a one-time customer of an alleged prostitution house and his subsequent cooperation with state police who were building a case against the owner of the house and two alleged prostitutes. He has not been charged with any crime and is said to have fully cooperated with investigators".

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Full post as published by New York Supreme Court Criminal Term Library on July 07, 2009 (boomark / email).