In This Issue
_______________
1. Reminder: Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST Saturday July 19 5pm- 11pm.
2. Recent cases: Blindness After Lasik to Cost $2.1M.
3. Car passenger has no special duty to prevent intoxicated person from driving.
4. Father's right to an attorney must be honored.
5. Reminder: Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
--------------------------------------------------------------------------------
1. Reminder: Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST Saturday July 19 5pm- 11pm.
Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST
Saturday July 19 5pm- 11pm Cocoa Beach Night Party
D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. Blender drinks 2 Fooz ball tables, ping pong, arcade basketball, Cold beer, tastee food, umbrella drinks.
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
Directions: Visit our website at www.njlaws.com for directions to Ireland Brook Dr., or email/fax/call and we will send directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or 732-940-8962 (evening)
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
or fax back to Law Office
Fax: (732) 572-0030
Name: _____________________________
2. Recent cases: Blindness After Lasik to Cost $2.1M.
Dr. Joseph Dello Russo had advertised the safety of LASIK eye surgery for years, once even performing it live on Good Morning America. Now, a man who heard the call, underwent Dello Russo's surgery and became legally blind afterwards has settled with the doctor and his New Jersey Eye Center for $2.1 million. James Dell'Ermo alleged that Dello Russo failed to recognize that because of the shape of his corneas he was a poor candidate for LASIK surgery. After the surgery, Dell'Ermo had a deteriorating condition known as ectasia that will eventually force him to seek corneal transplants. Dell'Ermo v. Dello Russo and New Jersey Eye Center was one of 16 negligence lawsuits against the center that were at one time consolidated for binding arbitration, resulting in an award that was rejected by the Appellate Division one year ago, over insurance law considerations, in New Jersey Eye Center v. Princeton Insurance. It was scheduled to go to trial before Bergen County Superior Court Judge Robert C. Wilson this month but was settled shortly beforehand. Source NJL Daily Briefing - 07/08/20087-8-08.
3. Car passenger has no special duty to prevent intoxicated person from driving. Champion v. Dunfee 398 NJ Super. 112 (App. Div. 2008).
The court held that a guest passenger who neither owns nor controls the motor vehicle, who enjoys no special relationship to, and has not substantially encouraged the wrongful behavior of, the actual tortfeasor, owes no affirmative duty to a fellow passenger to prevent his own automobile.
4. Father's right to an Attorney must be honored. NJ DYFS v. R.G. 397 NJ Super. 439.
Attention business owners and professionals. We host a website called the 1,000 greatest Law & Business links on the internet. http://www.njlaws.com/links1.htm
Do you want your website to be listed for free? If yes, add a link from your website to www.njlaws.com. When complete, send an email to our webmaster with the location of the link on your website. After confirmation that your link works, our webmaster will add your website link for free. Generate new business and leads. We all love referrals and new business.
5. Reminder: Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
WHERE: 2053 Woodbridge, Edison, NJ, Law Office conference room, 2nd floor
WHEN: Wednesday, July 23, 2008 12:30- 1:15 P.M.
COST: Free if your pre-register. This program is limited to 15 people
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Revocable Trusts/ Irrevocable Trusts
6. Federal HIPAA Regulations on release of medical info
7. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law.
To attend or for Information: Mike McDonald 732-572-0500 or email kenvnjlaws@verizon.net
Can't attend? We can email you materials
Send email to kenvnjlaws@verizon.net
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in the month of April. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 22 years of providing excellent service to clients 1985-2007" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Thursday, July 17, 2008
Wednesday, July 09, 2008
NJ Laws Email Newsletter E278 - July 9, 2008
In This Issue
_______________
1. Recent Cases: Bar Could Be Liable for Negligent Supervision of Visibly Intoxicated Person. 2. Search Warrant Must Be Based on Judge Decision, Not Police Discretion.
3. States Can Permit Post Conviction Motions in Cases Decided Before 2004 Based on Crawford Hearsay Challenge.
4. 1,000 Greatest Law & Business Links on the Internet.
5. 31st Annual Summer Blast Saturday July 19th.
6. Belmar Five Mile Run - New Team Competition.
7. Free seminar- 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
--------------------------------------------------------------------------------
Greetings:
1. Recent Cases: Bar Could Be Liable for Negligent Supervision of Visibly Intoxicated Person.
In this opinion the Court discussed the potential liability of a bar/restaurant under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act and the common law when a visibly intoxicated patron who has been served liquor by the bar is driven from the premises by an intoxicated underage patron who was not served liquor, and a fatal automobile accident results.
2. Search warrant must be based on judge decision, not police discretion. State v. Marshall 398 NJ Super. 92 (App. Div. 2008).
A judge issued a search warrant for an apartment in a multiple unit structure but required that the police further investigate which of two apartments was allegedly involved in criminality; he did not require that the police return with this additional, necessary information, but instead issued the warrant on the condition that it not be executed until that additional information was obtained. The court concluded that this process violated the constitutional requirement that a search warrant be issued by a "neutral and detached magistrate" because the judge ceded his authority to the discretion of the police.
The State also argued that the warrant was sufficient insofar as it had authorized the police to search whichever apartment was "controlled" or "possessed" by a particular person. The court held that this loose description did not conform to the constitutional requirement that the place to be searched be "particularly describe[d]" in the warrant.
3. States Can Permit Post Conviction Motions in Cases Decided Before 2004 Based on Crawford Hearsay Challenge. Danforth v. Minnesota 128 S. Ct 1029 (2008).
Teague v. Lane, 489 U. S. 288 (1989), limits the kinds of constitutional violations that will entitle an individual to federal habeas corpus relief, but does not in any way limit the authority of a state court, when reviewing its own state criminal convictions, to provide a remedy for a violation that is deemed "nonretroactive" under Teague.
4. 1,000 Greatest Law & Business Links on the Internet.
Attention business owners and professionals. We host a website called the 1,000 greatest Law & Business links on the internet. http://www.njlaws.com/links1.htm
Do you want your website to be listed for free? If yes, add a link from your website to www.njlaws.com. When complete, send an email to our webmaster with the location of the link on your website. After confirmation that your link works, our webmaster will add your website link for free. Generate new business and leads. We all love referrals and new business.
5. Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST.
Saturday July 19 5pm- 11pm Cocoa Beach Night Party
Join Ken Vercammen and his friends for an exciting evening. D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. Blender drinks, 2 Fooz ball tables, ping pong, arcade basketball, Cold beer, tastee food, umbrella drinks, Chicken sandwiches, ziti, Hot wings, Macaroni Salad, Potato Salad and other favorites
LOCATION: South Brunswick NJ near Farrington Lake, off Route 130 and Rt. 522)
Directions: email/fax/call and we will send directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
6. Belmar Five Mile Run - New Team Competition.
Saturday, July 12, 2008 8:30 am
Kenneth Vercammen is putting together 3 teams of both competitive and non- competitive runners. If you can finish 5 miles in less than 1 hour, you can be on our team of fun.
Our winning teams in 2007 won free beer tickets. individual Application online at http://www.belmar5.com/belmar.pdf or go to
http://Active.com
The name of Ken's teams are US Olympic Development 1, Olympic Development 2, and US Olympic Development 3 [ just trying to finish] . We will have runners from several running clubs, including RVRR. JSRC, CJRR & Sandy Hooker Tri Club.
You do not need to be a member of USATF or any club to be on a team. We would like 30 people
of different abilities.
Post Race Activities -
Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.
Team awards, Free Concert and Beach party, thanks to Miller Lite after the race at Bar Anticipation.
Bring your Belmar Five Mug - mug discounts all day after the Race!
Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)
If you have or will enter, email Ken V at Kenvnjlaws@verizon.net
Call Kenneth Vercammen at 732-572-0500
More details on Belmar 5 at http://www.belmar5.com/
7. Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
WHERE: 2053 Woodbridge, Edison, NJ, Law Office conference room, 2nd floor
WHEN: Wednesday, July 23, 2008 12:30- 1:15 P.M.
COST: Free if your pre-register. This program is limited to 15 people
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Revocable Trusts/ Irrevocable Trusts
6. Federal HIPAA Regulations on release of medical info
7. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law.
To attend or for Information: Mike McDonald 732-572-0500 or email kenvnjlaws@verizon.net
Can't attend? We can email you materials
Send email to kenvnjlaws@verizon.net
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in the month of April. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 22 years of providing excellent service to clients 1985-2007" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
_______________
1. Recent Cases: Bar Could Be Liable for Negligent Supervision of Visibly Intoxicated Person. 2. Search Warrant Must Be Based on Judge Decision, Not Police Discretion.
3. States Can Permit Post Conviction Motions in Cases Decided Before 2004 Based on Crawford Hearsay Challenge.
4. 1,000 Greatest Law & Business Links on the Internet.
5. 31st Annual Summer Blast Saturday July 19th.
6. Belmar Five Mile Run - New Team Competition.
7. Free seminar- 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
--------------------------------------------------------------------------------
Greetings:
1. Recent Cases: Bar Could Be Liable for Negligent Supervision of Visibly Intoxicated Person.
In this opinion the Court discussed the potential liability of a bar/restaurant under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act and the common law when a visibly intoxicated patron who has been served liquor by the bar is driven from the premises by an intoxicated underage patron who was not served liquor, and a fatal automobile accident results.
2. Search warrant must be based on judge decision, not police discretion. State v. Marshall 398 NJ Super. 92 (App. Div. 2008).
A judge issued a search warrant for an apartment in a multiple unit structure but required that the police further investigate which of two apartments was allegedly involved in criminality; he did not require that the police return with this additional, necessary information, but instead issued the warrant on the condition that it not be executed until that additional information was obtained. The court concluded that this process violated the constitutional requirement that a search warrant be issued by a "neutral and detached magistrate" because the judge ceded his authority to the discretion of the police.
The State also argued that the warrant was sufficient insofar as it had authorized the police to search whichever apartment was "controlled" or "possessed" by a particular person. The court held that this loose description did not conform to the constitutional requirement that the place to be searched be "particularly describe[d]" in the warrant.
3. States Can Permit Post Conviction Motions in Cases Decided Before 2004 Based on Crawford Hearsay Challenge. Danforth v. Minnesota 128 S. Ct 1029 (2008).
Teague v. Lane, 489 U. S. 288 (1989), limits the kinds of constitutional violations that will entitle an individual to federal habeas corpus relief, but does not in any way limit the authority of a state court, when reviewing its own state criminal convictions, to provide a remedy for a violation that is deemed "nonretroactive" under Teague.
4. 1,000 Greatest Law & Business Links on the Internet.
Attention business owners and professionals. We host a website called the 1,000 greatest Law & Business links on the internet. http://www.njlaws.com/links1.htm
Do you want your website to be listed for free? If yes, add a link from your website to www.njlaws.com. When complete, send an email to our webmaster with the location of the link on your website. After confirmation that your link works, our webmaster will add your website link for free. Generate new business and leads. We all love referrals and new business.
5. Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST.
Saturday July 19 5pm- 11pm Cocoa Beach Night Party
Join Ken Vercammen and his friends for an exciting evening. D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. Blender drinks, 2 Fooz ball tables, ping pong, arcade basketball, Cold beer, tastee food, umbrella drinks, Chicken sandwiches, ziti, Hot wings, Macaroni Salad, Potato Salad and other favorites
LOCATION: South Brunswick NJ near Farrington Lake, off Route 130 and Rt. 522)
Directions: email/fax/call and we will send directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
6. Belmar Five Mile Run - New Team Competition.
Saturday, July 12, 2008 8:30 am
Kenneth Vercammen is putting together 3 teams of both competitive and non- competitive runners. If you can finish 5 miles in less than 1 hour, you can be on our team of fun.
Our winning teams in 2007 won free beer tickets. individual Application online at http://www.belmar5.com/belmar.pdf or go to
http://Active.com
The name of Ken's teams are US Olympic Development 1, Olympic Development 2, and US Olympic Development 3 [ just trying to finish] . We will have runners from several running clubs, including RVRR. JSRC, CJRR & Sandy Hooker Tri Club.
You do not need to be a member of USATF or any club to be on a team. We would like 30 people
of different abilities.
Post Race Activities -
Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.
Team awards, Free Concert and Beach party, thanks to Miller Lite after the race at Bar Anticipation.
Bring your Belmar Five Mug - mug discounts all day after the Race!
Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)
If you have or will enter, email Ken V at Kenvnjlaws@verizon.net
Call Kenneth Vercammen at 732-572-0500
More details on Belmar 5 at http://www.belmar5.com/
7. Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
WHERE: 2053 Woodbridge, Edison, NJ, Law Office conference room, 2nd floor
WHEN: Wednesday, July 23, 2008 12:30- 1:15 P.M.
COST: Free if your pre-register. This program is limited to 15 people
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Revocable Trusts/ Irrevocable Trusts
6. Federal HIPAA Regulations on release of medical info
7. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law.
To attend or for Information: Mike McDonald 732-572-0500 or email kenvnjlaws@verizon.net
Can't attend? We can email you materials
Send email to kenvnjlaws@verizon.net
Thank you for reading our newsletter! God Bless America USA #1
We have decided to try to double our subscriber list in the month of April. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.
(http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW)
Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 22 years of providing excellent service to clients 1985-2007" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Wednesday, July 02, 2008
NJ Laws Email Newsletter E277 - July 2, 2008
In This Issue
_______________
1. Recent Cases: Illegal U-turn that Killed Motorcyclist Costs $1.4M.
2. Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008).
3. Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.
4. The filing of Tort Claims notice does bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008).
5. Upcoming non profit races.
6. Cynthia Vercammen's Cocoa Beach Night Party.
--------------------------------------------------------------------------------
Happy 4th of July!
1. Recent Cases: Illegal U-turn that Killed Motorcyclist Costs $1.4M.
The estate of a motorcyclist who was killed after a limousine traveling in the other direction pulled across his lanes of traffic to make a turn will receive a $1.4 million settlement. The Carey International Limo driver, Armando Sigcha, was illegally trying to make a U-turn on Route 1-9 in North Bergen. He had turned into the southbound lanes to a 90-degree angle when motorcyclist Jose Gonzalez saw him and gripped his brakes to stop. There was not enough room. Gonzalez struck the limo, was thrown from his bike and died at the scene when his body struck a telephone pole. Retired Superior Court Judge Robert Feldman mediated the settlement, which was limited by evidence that Gonzalez had been traveling 18 mph above the speed limit at the time of the crash. Estate of Gonzalez v. Carey International
Source: NJ Lawyer Daily Briefing 7/2/08
2. Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008).
During a motor vehicle stop, the passenger, like the driver, is seized under the federal and state constitutions. Police do not need a reasonable suspicion before they may access the NCIC database and, because accessing the NCIC database was within the scope of the traffic stop and did not unreasonably prolong the stop, there was no basis to suppress the evidence found.
3. Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.
The primary issue in this case was whether defendant actually or constructively possessed cocaine that was found in the vehicle in which he was a passenger. With one judge dissenting, the court affirmed the trial court's decision to deny defendant's motion for acquittal and his motion for a new trial. But the court remanded for a determination regarding the voluntariness of statements attributed to defendant and for resentencing. 1-10-08 State v. Morgan Scott (A-115-06)
Possession cannot be based on mere presence at the place where contraband is located. There must be other circumstances or statements of defendant permitting the inference of defendant's control of the contraband.
The judgment of the Appellate Division is affirmed substantially for the reasons expressed in the Appellate Division's majority opinion.
4. The filing of Tort Claims notice does not bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008).
Petitioner appeals from the order of the Law Division vacating a previously entered judgment of expungement. Before filing the expungement application, petitioner sent a TCA tort claims notice to the State regarding the subject matter of the expungement. After the expungement was granted, petitioner commenced a civil suit against the State.
The court rejected the State's argument that petitioner's filing of a TCA tort claims notice constituted the commencement of "civil litigation" against a public entity, triggering the statutory bar against the granting of an expungement petition contained in N.J.S.A. 2C:52-14(d). The court also found no statutory support for the State's argument that enforcement of the expungement judgment deprives the State of information needed to defend itself against plaintiff's allegations of wrongdoings.
5. Upcoming Non-Profit Races:
7/12 Belmar Five Mile Run, 8:30am Belmar, NJ 732-571-2162 free food at Bar A after race and reduced price drinks
7/13 Long Branch Sprint Triathlon Series-2 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch, NJ 732-614-6028
6. Cynthia Vercammen's Annual Cocoa Beach Party Night
There is a tenative date of July 19 for Blender Drinks at the Tiki Bar.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 22 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
_______________
1. Recent Cases: Illegal U-turn that Killed Motorcyclist Costs $1.4M.
2. Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008).
3. Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.
4. The filing of Tort Claims notice does bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008).
5. Upcoming non profit races.
6. Cynthia Vercammen's Cocoa Beach Night Party.
--------------------------------------------------------------------------------
Happy 4th of July!
1. Recent Cases: Illegal U-turn that Killed Motorcyclist Costs $1.4M.
The estate of a motorcyclist who was killed after a limousine traveling in the other direction pulled across his lanes of traffic to make a turn will receive a $1.4 million settlement. The Carey International Limo driver, Armando Sigcha, was illegally trying to make a U-turn on Route 1-9 in North Bergen. He had turned into the southbound lanes to a 90-degree angle when motorcyclist Jose Gonzalez saw him and gripped his brakes to stop. There was not enough room. Gonzalez struck the limo, was thrown from his bike and died at the scene when his body struck a telephone pole. Retired Superior Court Judge Robert Feldman mediated the settlement, which was limited by evidence that Gonzalez had been traveling 18 mph above the speed limit at the time of the crash. Estate of Gonzalez v. Carey International
Source: NJ Lawyer Daily Briefing 7/2/08
2. Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008).
During a motor vehicle stop, the passenger, like the driver, is seized under the federal and state constitutions. Police do not need a reasonable suspicion before they may access the NCIC database and, because accessing the NCIC database was within the scope of the traffic stop and did not unreasonably prolong the stop, there was no basis to suppress the evidence found.
3. Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.
The primary issue in this case was whether defendant actually or constructively possessed cocaine that was found in the vehicle in which he was a passenger. With one judge dissenting, the court affirmed the trial court's decision to deny defendant's motion for acquittal and his motion for a new trial. But the court remanded for a determination regarding the voluntariness of statements attributed to defendant and for resentencing. 1-10-08 State v. Morgan Scott (A-115-06)
Possession cannot be based on mere presence at the place where contraband is located. There must be other circumstances or statements of defendant permitting the inference of defendant's control of the contraband.
The judgment of the Appellate Division is affirmed substantially for the reasons expressed in the Appellate Division's majority opinion.
4. The filing of Tort Claims notice does not bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008).
Petitioner appeals from the order of the Law Division vacating a previously entered judgment of expungement. Before filing the expungement application, petitioner sent a TCA tort claims notice to the State regarding the subject matter of the expungement. After the expungement was granted, petitioner commenced a civil suit against the State.
The court rejected the State's argument that petitioner's filing of a TCA tort claims notice constituted the commencement of "civil litigation" against a public entity, triggering the statutory bar against the granting of an expungement petition contained in N.J.S.A. 2C:52-14(d). The court also found no statutory support for the State's argument that enforcement of the expungement judgment deprives the State of information needed to defend itself against plaintiff's allegations of wrongdoings.
5. Upcoming Non-Profit Races:
7/12 Belmar Five Mile Run, 8:30am Belmar, NJ 732-571-2162 free food at Bar A after race and reduced price drinks
7/13 Long Branch Sprint Triathlon Series-2 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch, NJ 732-614-6028
6. Cynthia Vercammen's Annual Cocoa Beach Party Night
There is a tenative date of July 19 for Blender Drinks at the Tiki Bar.
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