When A Client Legitimately Decides to Change Counsel, the Replaced Attorney Can’t Sue the New Attorney

Nostrame v. Santiago, 420 N.J. Super. 427 (App. Div. 2011).  Many attorneys have seen a potentially lucrative case walk out the door because the client has decided to switch attorneys.  The temptation is to sue someone, perhaps the successor counsel.  That ...

An Item of Great Personal Pride… With a (Tenuous) Connection to the Supreme Court

Last night, my family and I had the tremendous pleasure of attending the high school graduation of my nephew, for whom my wife and I are also godparents.  My nephew was the salutatorian, and gave a well-received address that skillfully mixed scholarship and humor.  He also won an award ...

When Can a Prevailing Defendant in a Fee-Shifting Case Where Some, But Not All, Claims Were Frivolous Get Attorneys’ Fees?

Fox v. Vice, 131 S.Ct. 2205 (2011).  The Civil Rights Act, 42 U.S.C. §1983, includes a fee-shifting provision, 42 U.S.C. §1988.  Most often, it is a prevailing plaintiff who seeks fees under that provision.  But section 1988 allows a prevailing defendant ...

“Law of the Case” Requires Appointed Counsel in Municipal Court for Defendant Whom Appellate Courts Had Found Was Indigent

State v. Mierzwa, 420 N.J. Super. 207 (App. Div. 2011).  This case involved a municipal court matter that was first tried on July 27,  2006, nearly five years ago.  On appeal from a conviction at that time, both the Law Division and the Appellate ...

An Editorial: The Senate Should Approve the Nomination of Anne Patterson to the Supreme Court

Governor Christie’s nomination of Anne Patterson to fill the seat that will soon be vacated by Justice Rivera-Soto won the approval of the Senate Judiciary Committee this week by a vote of 11-1.  The full Senate should likewise vote in favor ...

Two Lessons in Reading Title 39

Perrelli v. Pastorelle, 206 N.J. 193 (2011); Voss v. Tranquilino, 206 N.J. 93 (2011).  Yesterday, the Supreme Court decided two cases involving two different sub-sections of N.J.S.A. 39:6A-4.5.  Both cases ultimately involved the question of whether reading the statute literally ...

Statute Extending Limitations Period for Environmental Claims by the State Covers Common Law Strict Liability Cause of Action

New Jersey Dep’t of Environmental Protection v. Exxon Mobil Corp., 420 N.J. Super. 395  (App. Div. 2011).  N.J.S.A. 58:10B-17.1(b) (“the extension statute”) extends the normal statute of limitations for environmental actions “commenced by the State pursuant to the State’s environmental laws.”  ...

Hello, Newman

Here’s an unusual pair of decisions.  Laurence S. Newman married Lynda in 1985.  They were divorced in 1994.  Mr. Newman then married Debra in 1995.  That marriage ended in divorce in 2005.  Two different matrimonial cases, one involving Lynda and the other involving Debra, ...

The Route 280 Case

In re Route 280 Contract, 89 N.J. 1 (1982), is frequently cited in connection with the standards for a grant of certification or a decision to vacate certification.  But few have occasion to read the Appellate Division opinion that led to the ...

The First Word on RPC 1.18

O Builders & Associates, Inc. v. Yuna Corp., 206 N.J. 109 (2011).  In 2004, the Supreme Court adopted Rule of Professional Conduct 1.18.  As it relates to the case decided today, that Rule deals with a lawyer’s ability to represent ...