In this issue:
1. WHAT TO DO WHEN YOU RECEIVE A POWER OF ATTORNEY
2. Tort Claims Act bars false arrest/false imprisonment unless permanent injury
3. Family court can order refund of non-refundable retainer.
4. 3rd degree aggravated assault is a crime involving moral turpitude, and denaturalization was required.
5. Convicted drunk driver still entitled to PIP benefits for medical expenses relating to DWI incident.
6. Upcoming Charity Running races:
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1. WHAT TO DO WHEN YOU RECEIVE A POWER OF ATTORNEY
A Power of Attorney is an appointment of another person as one's agent. A Power of Attorney creates a principal-agent relationship. The grantor of the Power of Attorney is the principal. The person to whom the Power of Attorney is given is the agent. We give the title "attorney-in-fact" to the agent who is given a Power of Attorney.
As attorney-in-fact, you have all of the powers which are set out in the attached Power of Attorney. If you ever have any questions regarding the powers under this Power of Attorney, please examine that document first.
Whenever you exercise any one or more of your powers under this Power of Attorney by signing a document, you should always sign your name as follows: " [your name] , as attorney-in-fact for [name of other person] " Naturally, you need not use the quotation marks.
As the attorney-in-fact, you do not become the owner of their property. The Power of Attorney merely grants to you as their attorney-in-fact the powers enumerated in the Power of Attorney, however, those powers may include the power to deal with the property of the principal. Because you have been entrusted with these powers by your principal, you must take great care to exercise those powers for the benefit of your principal only and not for your own benefit.
If anyone ever questions you when you exercise your powers under the Power of Attorney, please be sure to show such person a copy of your Power of Attorney. I do not recommend that you not give them the original signed Power of Attorney, however, you may give them a photo-copy of it. If you record the Power of Attorney, you may, of course, secure certified copies of it from the County Clerk.
2. Tort Claims Act bars false arrest/false imprisonment unless permanent injury. DelaCruz v. Hillsdale 183 NJ 149 (2005).
The Tort Claims Act's verbal threshold applies to common-law false arrest/false imprisonment claims. Furthermore, under N.J.S.A. 59:3-3, a police officer's subjective good faith belief as to the propriety of his or her actions is irrelevant as to liability for any false or false imprisonment claim. Instead, the only relevant inquiry is whether, on an objective basis, the police officer's actions were proper. Finally, a police officer's subjective good-faith belief may not constitute a defense at trial to a claim under the Federal Civil Rights Act, 42 U.S.C.A. 1983, when the police officer's actions are not otherwise shielded from liability by the doctrine of qualified immunity.
3. Family court can order refund of non-refundable retainer. Fischer v. Fischer 375 NJ Super. 278 (App. Div. 2005).
The Family Court judge had the inherent equitable power and the discretion under Rule 5:3-5 to order the return of a retainer when granting the attorney's motion to withdraw from this matrimonial action; since he did not attempt to resolve the parties' fee dispute, and given the age and complexity of this case, the fact that the client could not otherwise retain new counsel, the delays that could result if the retainer was not returned, and the unethical retainer agreement, he did not abuse his discretion. Source: 179 NJLJ 909
4. 3rd degree aggravated assault is a crime involving moral turpitude, and denaturalization was required. State v. Rebelo 358 F.Supp. 2d 400 (D.N.J. 2005).
In an action to revoke the defendant's naturalization, the United States was entitled to summary judgment based on the defendant's conviction for third-degree aggravated assault, which is a crime involving moral turpitude, during the period in which good moral character is required by the Immigration and Naturalization Act. Source: 14 NJL 495
5. Convicted drunk driver still entitled to PIP benefits for medical expenses relating to DWI incident. Walcott v. Allstate New Jersey Ins. Co. 376 NJ Super. 384 (App. Div. 2005).
In general, a conviction for drunk driving or refusing to take a break test will preclude the defendant from pursuing a cause of action for economic and non-economic damages related to the drunk driving conduct. The same holds true for property damages (as developed through the case law.) This prohibition stems from N.J.S.A. 39:6A-4.5 and represents one of the major collateral consequences associated with a drunk driving conviction in municipal court.
Several weeks ago, the Appellate Division held that the prohibitions under N.J.S.A. 39:6A-4.5 do not apply to PIP coverage and accordingly, a convicted drunk driver is entitled to PIP benefits for medical expenses related to the DWI incident. Source: Muni-Mail, May 17, 2005.
6. Upcoming Charity Running races:
10/23/2004 East Brunswick Road Races 5k, 10k East Brunswick, NJ 732-839-2129 1:05 pm: John Ragone 5K
1:20 pm: East Brunswick 10K RVRR well run event Road closed to traffic http://www.ebrr.org/raceinfo.html
Oct. 30 10am South Brunswick Run with Vikings 5k
Benefiting the South Brunswick High School Vikings Athletic Club & the Athletes
RACE HOTLINE: Race Director Bob Tona 732 940 3111
-Food, refreshments, and music
11/5/ Morris Hibernation Mauler 5k x -c, 10:30am Morris Twp, NJ 908-295-8580 Coach Dave Hoch is race director
Nov. 13 Hashathon 6 mile, 11am, 1 mile fun run, 10:30 Cheesequake State Park, NJ 732-528-0132 challenging, dangerous trails, Free beer, best post race party with band,
Nov. 19 Manasquan Turkey Trot 5 Mile, 11am, Manasquan, NJ 732-223-9738
Nov. 25 Born to Run Freehold 5 miler Free beer at Court Jester tavern
11/27 Navesink Challenge 15k, 9am, 5k, 9:10 Middletown, NJ 732-542-6090 Dave Z is race director
January 7, 2006 Freezing Cold Hash 4-5 mile run, Edison
See exciting photos from 2005: http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw
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Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
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