In This Issue:
1. Wills, Probate and Elder Law- Adult and Community Education
Monday, March 30, 2009 from 7 - 8:30PM in East Brunswick.
2. Statute of Limitations on Legal Malpractice Do Not Start Until Defendant Receives Exoneration.
3. Headlock for 30 Seconds Sufficient for Simple Assault.
4. Court Cannot Put Burden on Defendant in Traffic Case.
--------------------------------------------------------------------------------
1. WILLS, PROBATE AND ELDER LAW-
East Brunswick Adult & Community Education Program
WHEN: Monday, March 30, 2009
TIME: 7:00 - 8:30PM
WHERE: East Brunswick High School,
Cranbury Rd, East Brunswick, NJ 08816
WILLS, PROBATE AND ELDER LAW COURSE # SBC ..............................................................Fee: $29
The regular course fee is $29.00, but subscribers to our newsletter and clients can attend for free if they send us an email by March 26.
You don't have to be wealthy or near death to do some thinking about a will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of the state law. Topics covered by author of "Answer to Questions about Probate" will include: Wills, Revocable Trusts, Irrevocable Trusts, Power of Attorney, Living Will, State Administration, Inheritance Taxes, plus the opportunity to ask questions.
Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
COMPLIMENTARY MATERIAL: Brochures on Wills, "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 and avoid many rigid provisions of state law.
OTHER UPCOMING EVENTS:
3/22/09 St. Paddy's 10 mile & 5k 9:30AM Freehold Keg of beer and some food
3/28/09 Rat Race 5mile 10:00AM Neptune/Wall plenty of free beer
www.jsrc.org/raceapps/ratrace.htm
3/28/09 Keep Kids Alive 5k 11AM Colts Neck
3/30/09 NJ State Bar Mun Ct Section
Speaker- Hon. Spencer Robbins NJ Law Center
4/18/2009 Jersey Shore Relay For Special Olympics 5,4,3,2,1 teams 26 miles, 9am From Seaside Heights To Asbury Park -- FREE beer! If you can't run, you can volunteer or pay to go to party. For more information call: 732-681-9464.
2. Statute of Limitations on Legal Malpractice Do Not Start until Defendant Receives Exoneration. McKnight v. Office of the Public Defender 197 NJ 180 11-26-08
In a legal malpractice action brought by a criminal defendant against the attorney who represented him or her in a criminal case, the claim does not accrue and the statute of limitations does not begin to run until the criminal defendant receives relief through some form of exoneration.
3. Headlock for 30 Seconds Sufficient for Simple Assault. State v. Stull 403 NJ Super. 428 (App. Div. 2008)
Defendant was convicted of simple assault. He contends that the evidence did not permit the trial court to find that he caused "physical pain." N.J.S.A. 2C:11-1a; N.J.S.A. 2c:12-2a. Defendant placed and held the victim in a headlock for twenty to thirty seconds, squeezed his neck and yanked and swung him around. There was no testimony about the victim's pain and he did not sustain bruises or seek or receive treatment. The court concludes that the State met its obligation to prove guilt beyond a reasonable doubt through proof of defendant's conduct and inferences reasonable on the evidence as a whole.
4. Court Cannot Put Burden on Defendant in Traffic Case. State v. Lesmes (2008) 14-2-1504 Unpublished.
Defendant's conviction for failure to observe a traffic signal entered in a trial de novo before the Law Division is reversed and the matter is remanded because the Law Division judge incorrectly combined the Law Division and the Appellate Division's roles and applied the incorrect standard of review and held defendant to a burden of proof that he does not have.
Source: NJ Law Journal September 1, 2008 p.46
Thank you for reading our newsletter! God Bless America USA #1
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Editor's Note and Disclaimer:
All materials Copyright 2009. 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
Monday, March 23, 2009
Wednesday, March 11, 2009
NJ Laws Email Newsletter E298
NJ Laws Email Newsletter E298
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
March 11, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
_______________
1. Jury Awards $11M in Dental Malpractice Case.
2. Support Senator Kip Bateman's Proposed Law to Permit No Point Unsafe Driving
if More than 5 Years After 2nd No Point Ticket.
3. Oppose Senate Bill S2504 (Provides for Immediate Suspension of Driver's License
Under Certain Circumstances) Sponsored by Senator Connors.
4. Hospital Must Resume Support for Patient in Vegitative State.
5. Malicious
Prosecution Available Against Bank.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
================================================================================
NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=8lw5czcab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=8lw5czcab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=8lw5czcab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. Jury Awards $11M in Dental Malpractice Case
In what may be the largest New Jersey award in a dental malpractice case, a Middlesex
County jury on Friday awarded more than $11 million to the family of a man who died
hours
after having his wisdom teeth removed. Francis Keller, 21, of Woodbridge, suffocated
in August 2005 after surgery performed by George Flugrad, a Perth Amboy oral surgeon.
The jury found that Flugrad failed to get clearance from Keller's doctor before
operating, despite Keller having told Flugrad of a genetic condition that caused
swelling in reaction to trauma. The condition caused his throat to close up following
the surgery.
Source: Daily Briefing - 3/09/2009
dailybriefing@njsba-njldailybriefing.com [mailto:dailybriefing@njsba-njldailybriefing.com]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Support Senator Kip Bateman's Proposed Law to Permit No Point Unsafe Driving
if More than 5 Years After 2nd No Point Ticket.
In a terrible published decision that ignored legislative intent, the Appellate
Division in dicta Says All 3rd Offense Unsafe Have 4 Points. Patel v. MVC 403 NJ
Super. 373 (App. Div. 2008).
The court incorrectly held that New Jersey's unsafe driving statute, N.J.S.A. 39:4-97.2,
provides that the Motor Vehicle Commission shall assess the driver points for a
third or subsequent offense In this appeal, the court has construed that language
to apply only to offenses that occur after the third offense.
To correct the errors in this decision, there is a pending bill which revises the
imposition of motor vehicle penalty points for operating a motor vehicle in an unsafe
manner.
The original intent of the unsafe driving statute in 2000 was to clarify that a
prosecutor may at any time move before the municipal court to accept a plea to a
lesser or other offense than was originally charged, whether or not the plea is
to a lesser included offense. The law also provides that the municipal prosecutor
may make a motion to amend the original charge to this no point ticket.
The original law provided if 5 years went by after the 2nd unsafe driving, they
would again be eligible again for the no point unsafe driving violation.
Under current statute as written, the first two times a person is convicted of operating
a motor vehicle unsafely, the person is subject to a monetary fine but no points,
while upon the third and subsequent conviction, the person is to be assessed motor
vehicle penalty points in addition to a monetary fine, except that an offense which
occurs more than five years after the previous offense shall not be considered a
subsequent offense for the purpose of assessing motor vehicle penalty points.
Senator Kip Bateman's bill would modify this structure by separately prescribing
that after a second conviction for unsafe operation of a vehicle, penalty points
are to be assessed only if the subsequent offense occurs within five years of the
third offense or, in the case of an offender with more than three previous convictions,
within five years of the immediately preceding conviction. Also, a person who has
committed more than three such offenses would be subject to a fine of $500; currently,
the fine for fourth and subsequent convictions ranges from $250 to $500.
Contact your Senator and Assemblypersons to support this bill.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Oppose Senate Bill S2504 (Provides for Immediate Suspension of Driver's License
under Certain Circumstances) sponsored by Senator Connors.
I agree with the well written strong opposition to this Bill set forth by the Middlesex
County Bar Association (MCBA). This legislation would require the Motor Vehicle
Commission to immediately suspend the driver's license of any person who has committed
certain traffic violations which result in the death or serious bodily injury of
another person.
Under current law, the chief administrator is authorized to immediately issue a
preliminary suspension of a driver's license for good cause and without hearing
if the person allegedly committed any of the following violations: (1) speeding
in excess of 20 miles per hour over the speed limit; (2) drunk driving; (3) reckless
driving; and (4) leaving the scene of an accident. This bill would change this
law to make it mandatory for the chief administrator to immediately suspend a person's
license under these circumstances.
The bill also would expand the violations triggering an immediate driver's license
suspension to include driving in violation of a condition of an examination permit,
a special learner's permit, or a provisional driver's license, including driving
with more than the allowed number of passengers or driving during prohibited hours.
It is ridiculous to require a mandatory license suspension if your child is driving
two neighbors home from soccer practice, or driving home from midnight mass
I agree with the Middlesex County Bar's comments that S2504 simply goes too far
in removing the aforementioned discretion from the Motor Vehicle Commission. The
mere issuance of an allegation of improper driving or the mere fact that an inexperienced
driver is involved in a serious accident should not justify automatic and immediate
suspension. Too often, the possibility of civil litigation seeking damages will
motivate the initiation of allegations which may not ultimately be provable.
America and the US Constitution was built on the concept of innocence until proven
guilty. To immediately suspend a license, for an indefinite or lengthy period,
without a proper exchange of information or where the facts do not demonstrate good
cause simply removes the necessary human component to the exercise of the very profound
power to remove an individual's ability to drive a vehicle.
The deprivation of a driver's license impacts employment, depend care, education,
access to medical care and other significant components to a productive life. While
suspension is no doubt appropriate and necessary in some cases, it is too draconian
to compel for every allegation of improper driving involving a death.
The current, discretionary approach is better suited to deal with problem drivers.
The proposed legislation fails to take a balanced approach in light of the fact
that the Commission is dealing with only bald allegations. The Commission should
first consider various factors before being required to automatically suspend.
For example, the Commission should be allowed to consider the individual's prior
driving history, whether the charges were initiated by a private citizen complainant
or a law enforcement agency, whether the allegations remain under investigation
or are pending prosecutorial review, and whether the relative proofs of the matter
are questionable.
A clear proof of significantly improper operation, the Commission should not be
required to suspend. Instead, the matter should be left to the courts to address
after a full disclosure to the defendant of the results of a completed investigation.
There should be not doubt that serious criminal charges will flow from those cases
involving reckless conduct leading to injury and death. These offenses carry with
them significant penalties with the added protection of due process.
To immediately suspend as required in the legislation suggests that the individual
presents an immediate, continuing danger on the roadways. I agree with the Bar
Association that we do not see how every case can be found to justify such prejudicial
and punitive action.
Please contact your Senators and requests that they vote "NO" on S-2504.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Hospital Must Resume Support for Patient in Vegetative State Where There was
No Living Will Advance Directive.
A Union County judge has ordered life support resumed for a patient who has been
in a vegetative state for 14 months, restraining a hospital from taking it upon
itself to discontinue or suspend treatment. Ruben Betancourt has been unconscious
since suffering complications in an operation at Trinitas Regional Medical Hospital
to remove a malignant thymus gland. The hospital maintains he does not respond to
pain or move his extremities and only makes reflexive eye movements, and that continuing
treatment is inhumane and contrary to standards of care. But Superior Court Judge
John Malone ruled life-support decisions should be made not by caregivers or courts
but in accord with a patient's rights as expressed by a surrogate decision-maker.
He appointed Betancourt's daughter, who wishes to continue life support, as his
guardian. This is another example of a reason why people should have a Living Will/
Advance Directive prepared to avoid court battles and provide written expression
of your wishes.
Source: Daily Briefing - 03/10/2009
dailybriefing@njsba-njldailybriefing.com [mailto:dailybriefing@njsba-njldailybriefing.com]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Malicious Prosecution Available Against Bank. Brunson v. Affinity Federal Credit
Union 402 NJ Super. 430 (App. Div. 2008)
1. A claim of malicious prosecution may be based on allegations that the person
who initiated a criminal prosecution did so recklessly without a reasonable basis.
2. In a claim of malicious prosecution, a grand jury indictment is prima facie evidence
of probable cause but may be rebutted with evidence that the facts presented to
the grand jury are in dispute.
3. A financial institution and its certified fraud investigator have a duty of care
to a non-customer in whose name and upon whose identification the institution opened
an account. That duty included the duty to conduct a reasonable investigation before
initiating criminal proceedings against the person whose stolen identity was used
to open the account. It is for a jury to determine whether the financial institution
and the fraud investigator breached their duty of care and that the breach proximately
caused plaintiff's injury.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Thank you for reading our newsletter! God Bless America USA #1
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
[http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW&id=preview])
Our Law blogs:
NJ Criminal Law Blog: http://njcriminallaw.blogspot.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview&id=preview]/
NJ Personal Injury & Civil Law Blog:http://njlawspersonalinjury.blogspot.com
[http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview&id=preview]/
NJ Elder Law Blog: http://elder-law.blogspot.com/ [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview&id=preview]
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 23 years of providing excellent service to clients
1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past
clients. Please come into the office.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2009. 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 [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and
Federal District Court
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Forward email
http://ui.constantcontact.com/sa/fwtf.jsp?m=1101661273217&ea=kenvnjlaws@verizon.net&a=1102501075323&id=preview
This email was sent to kenvnjlaws@verizon.net by vercammennewsletter@verizon.net.
Update Profile/Email Address
http://visitor.constantcontact.com/d.jsp?p=oo&v=001Jzhx8uVKgrNReKXBwbjJViseHJof_Gf51rTgNsi01GWh1R8Bty-GPCM88JvmMCg-osmDmnAXALYiUkFPnRA6HEKTgRMppmn-i_UFuk2VKF-dum1kRpH55iXuwdPcp01g&id=preview.1101661273217
Instant removal with SafeUnsubscribe(TM)
http://visitor.constantcontact.com/d.jsp?p=un&v=001Jzhx8uVKgrNReKXBwbjJViseHJof_Gf51rTgNsi01GWh1R8Bty-GPCM88JvmMCg-osmDmnAXALYiUkFPnRA6HEKTgRMppmn-i_UFuk2VKF-dum1kRpH55iXuwdPcp01g&id=preview.1101661273217
Privacy Policy:
http://ui.constantcontact.com/roving/CCPrivacyPolicy.jsp
Email Marketing by
Constant Contact(R)
www.constantcontact.com
Kenneth Vercammen Law Office | 2053 Woodbridge Avenue | Edison | NJ | 08817
Send a test version of your email to yourself, and to others including a personal message. Up to 5 addresses may be entered separated by a comma ",".
Email Address(es):
kenvnjlaws@verizon.net
(Separate multiple addresses with a comma ",")
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
March 11, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
_______________
1. Jury Awards $11M in Dental Malpractice Case.
2. Support Senator Kip Bateman's Proposed Law to Permit No Point Unsafe Driving
if More than 5 Years After 2nd No Point Ticket.
3. Oppose Senate Bill S2504 (Provides for Immediate Suspension of Driver's License
Under Certain Circumstances) Sponsored by Senator Connors.
4. Hospital Must Resume Support for Patient in Vegitative State.
5. Malicious
Prosecution Available Against Bank.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
================================================================================
NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=8lw5czcab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=8lw5czcab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=8lw5czcab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. Jury Awards $11M in Dental Malpractice Case
In what may be the largest New Jersey award in a dental malpractice case, a Middlesex
County jury on Friday awarded more than $11 million to the family of a man who died
hours
after having his wisdom teeth removed. Francis Keller, 21, of Woodbridge, suffocated
in August 2005 after surgery performed by George Flugrad, a Perth Amboy oral surgeon.
The jury found that Flugrad failed to get clearance from Keller's doctor before
operating, despite Keller having told Flugrad of a genetic condition that caused
swelling in reaction to trauma. The condition caused his throat to close up following
the surgery.
Source: Daily Briefing - 3/09/2009
dailybriefing@njsba-njldailybriefing.com [mailto:dailybriefing@njsba-njldailybriefing.com]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Support Senator Kip Bateman's Proposed Law to Permit No Point Unsafe Driving
if More than 5 Years After 2nd No Point Ticket.
In a terrible published decision that ignored legislative intent, the Appellate
Division in dicta Says All 3rd Offense Unsafe Have 4 Points. Patel v. MVC 403 NJ
Super. 373 (App. Div. 2008).
The court incorrectly held that New Jersey's unsafe driving statute, N.J.S.A. 39:4-97.2,
provides that the Motor Vehicle Commission shall assess the driver points for a
third or subsequent offense In this appeal, the court has construed that language
to apply only to offenses that occur after the third offense.
To correct the errors in this decision, there is a pending bill which revises the
imposition of motor vehicle penalty points for operating a motor vehicle in an unsafe
manner.
The original intent of the unsafe driving statute in 2000 was to clarify that a
prosecutor may at any time move before the municipal court to accept a plea to a
lesser or other offense than was originally charged, whether or not the plea is
to a lesser included offense. The law also provides that the municipal prosecutor
may make a motion to amend the original charge to this no point ticket.
The original law provided if 5 years went by after the 2nd unsafe driving, they
would again be eligible again for the no point unsafe driving violation.
Under current statute as written, the first two times a person is convicted of operating
a motor vehicle unsafely, the person is subject to a monetary fine but no points,
while upon the third and subsequent conviction, the person is to be assessed motor
vehicle penalty points in addition to a monetary fine, except that an offense which
occurs more than five years after the previous offense shall not be considered a
subsequent offense for the purpose of assessing motor vehicle penalty points.
Senator Kip Bateman's bill would modify this structure by separately prescribing
that after a second conviction for unsafe operation of a vehicle, penalty points
are to be assessed only if the subsequent offense occurs within five years of the
third offense or, in the case of an offender with more than three previous convictions,
within five years of the immediately preceding conviction. Also, a person who has
committed more than three such offenses would be subject to a fine of $500; currently,
the fine for fourth and subsequent convictions ranges from $250 to $500.
Contact your Senator and Assemblypersons to support this bill.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Oppose Senate Bill S2504 (Provides for Immediate Suspension of Driver's License
under Certain Circumstances) sponsored by Senator Connors.
I agree with the well written strong opposition to this Bill set forth by the Middlesex
County Bar Association (MCBA). This legislation would require the Motor Vehicle
Commission to immediately suspend the driver's license of any person who has committed
certain traffic violations which result in the death or serious bodily injury of
another person.
Under current law, the chief administrator is authorized to immediately issue a
preliminary suspension of a driver's license for good cause and without hearing
if the person allegedly committed any of the following violations: (1) speeding
in excess of 20 miles per hour over the speed limit; (2) drunk driving; (3) reckless
driving; and (4) leaving the scene of an accident. This bill would change this
law to make it mandatory for the chief administrator to immediately suspend a person's
license under these circumstances.
The bill also would expand the violations triggering an immediate driver's license
suspension to include driving in violation of a condition of an examination permit,
a special learner's permit, or a provisional driver's license, including driving
with more than the allowed number of passengers or driving during prohibited hours.
It is ridiculous to require a mandatory license suspension if your child is driving
two neighbors home from soccer practice, or driving home from midnight mass
I agree with the Middlesex County Bar's comments that S2504 simply goes too far
in removing the aforementioned discretion from the Motor Vehicle Commission. The
mere issuance of an allegation of improper driving or the mere fact that an inexperienced
driver is involved in a serious accident should not justify automatic and immediate
suspension. Too often, the possibility of civil litigation seeking damages will
motivate the initiation of allegations which may not ultimately be provable.
America and the US Constitution was built on the concept of innocence until proven
guilty. To immediately suspend a license, for an indefinite or lengthy period,
without a proper exchange of information or where the facts do not demonstrate good
cause simply removes the necessary human component to the exercise of the very profound
power to remove an individual's ability to drive a vehicle.
The deprivation of a driver's license impacts employment, depend care, education,
access to medical care and other significant components to a productive life. While
suspension is no doubt appropriate and necessary in some cases, it is too draconian
to compel for every allegation of improper driving involving a death.
The current, discretionary approach is better suited to deal with problem drivers.
The proposed legislation fails to take a balanced approach in light of the fact
that the Commission is dealing with only bald allegations. The Commission should
first consider various factors before being required to automatically suspend.
For example, the Commission should be allowed to consider the individual's prior
driving history, whether the charges were initiated by a private citizen complainant
or a law enforcement agency, whether the allegations remain under investigation
or are pending prosecutorial review, and whether the relative proofs of the matter
are questionable.
A clear proof of significantly improper operation, the Commission should not be
required to suspend. Instead, the matter should be left to the courts to address
after a full disclosure to the defendant of the results of a completed investigation.
There should be not doubt that serious criminal charges will flow from those cases
involving reckless conduct leading to injury and death. These offenses carry with
them significant penalties with the added protection of due process.
To immediately suspend as required in the legislation suggests that the individual
presents an immediate, continuing danger on the roadways. I agree with the Bar
Association that we do not see how every case can be found to justify such prejudicial
and punitive action.
Please contact your Senators and requests that they vote "NO" on S-2504.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Hospital Must Resume Support for Patient in Vegetative State Where There was
No Living Will Advance Directive.
A Union County judge has ordered life support resumed for a patient who has been
in a vegetative state for 14 months, restraining a hospital from taking it upon
itself to discontinue or suspend treatment. Ruben Betancourt has been unconscious
since suffering complications in an operation at Trinitas Regional Medical Hospital
to remove a malignant thymus gland. The hospital maintains he does not respond to
pain or move his extremities and only makes reflexive eye movements, and that continuing
treatment is inhumane and contrary to standards of care. But Superior Court Judge
John Malone ruled life-support decisions should be made not by caregivers or courts
but in accord with a patient's rights as expressed by a surrogate decision-maker.
He appointed Betancourt's daughter, who wishes to continue life support, as his
guardian. This is another example of a reason why people should have a Living Will/
Advance Directive prepared to avoid court battles and provide written expression
of your wishes.
Source: Daily Briefing - 03/10/2009
dailybriefing@njsba-njldailybriefing.com [mailto:dailybriefing@njsba-njldailybriefing.com]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Malicious Prosecution Available Against Bank. Brunson v. Affinity Federal Credit
Union 402 NJ Super. 430 (App. Div. 2008)
1. A claim of malicious prosecution may be based on allegations that the person
who initiated a criminal prosecution did so recklessly without a reasonable basis.
2. In a claim of malicious prosecution, a grand jury indictment is prima facie evidence
of probable cause but may be rebutted with evidence that the facts presented to
the grand jury are in dispute.
3. A financial institution and its certified fraud investigator have a duty of care
to a non-customer in whose name and upon whose identification the institution opened
an account. That duty included the duty to conduct a reasonable investigation before
initiating criminal proceedings against the person whose stolen identity was used
to open the account. It is for a jury to determine whether the financial institution
and the fraud investigator breached their duty of care and that the breach proximately
caused plaintiff's injury.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Thank you for reading our newsletter! God Bless America USA #1
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
[http://visitor.constantcontact.com/optin.jsp?v=001Jzhx8uVKgrNReKXBwbjJVqrFeOQhpqxW&id=preview])
Our Law blogs:
NJ Criminal Law Blog: http://njcriminallaw.blogspot.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview&id=preview]/
NJ Personal Injury & Civil Law Blog:http://njlawspersonalinjury.blogspot.com
[http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview&id=preview]/
NJ Elder Law Blog: http://elder-law.blogspot.com/ [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview&id=preview]
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 23 years of providing excellent service to clients
1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past
clients. Please come into the office.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2009. 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 [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and
Federal District Court
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Forward email
http://ui.constantcontact.com/sa/fwtf.jsp?m=1101661273217&ea=kenvnjlaws@verizon.net&a=1102501075323&id=preview
This email was sent to kenvnjlaws@verizon.net by vercammennewsletter@verizon.net.
Update Profile/Email Address
http://visitor.constantcontact.com/d.jsp?p=oo&v=001Jzhx8uVKgrNReKXBwbjJViseHJof_Gf51rTgNsi01GWh1R8Bty-GPCM88JvmMCg-osmDmnAXALYiUkFPnRA6HEKTgRMppmn-i_UFuk2VKF-dum1kRpH55iXuwdPcp01g&id=preview.1101661273217
Instant removal with SafeUnsubscribe(TM)
http://visitor.constantcontact.com/d.jsp?p=un&v=001Jzhx8uVKgrNReKXBwbjJViseHJof_Gf51rTgNsi01GWh1R8Bty-GPCM88JvmMCg-osmDmnAXALYiUkFPnRA6HEKTgRMppmn-i_UFuk2VKF-dum1kRpH55iXuwdPcp01g&id=preview.1101661273217
Privacy Policy:
http://ui.constantcontact.com/roving/CCPrivacyPolicy.jsp
Email Marketing by
Constant Contact(R)
www.constantcontact.com
Kenneth Vercammen Law Office | 2053 Woodbridge Avenue | Edison | NJ | 08817
Send a test version of your email to yourself, and to others including a personal message. Up to 5 addresses may be entered separated by a comma ",".
Email Address(es):
kenvnjlaws@verizon.net
(Separate multiple addresses with a comma ",")
Sunday, March 08, 2009
RECENT CHANGES IN MUNICIPAL COURT LAW SEMINAR
RECENT CHANGES IN MUNICIPAL COURT LAW SEMINAR
Monday, May 04, 2009
5:30 PM to 9:30 PM
New Jersey Law Center, New Brunswick
Are you prepared to prosecute or defend your client in new Alcotest cases?
This informative guide to Municipal Court practice and procedure will familiarize you with the most recent developments affecting cases that are heard in Municipal Court.
An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
Program Preview...
5:30 Criminal Case Law and Legislative Update - Kenneth A. Vercammen, Esq.
6:15 The Prosecutor’s Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double
jeopardy issues - Denis F. Driscoll, Esq.
7:00 Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff - Hon. Joan Robinson Gross, PJMC
7:45 Refreshment break
7:55 Recent developments in traffic law, merged traffic tickets and more
8:40 DWI and Chun - John Menzel, Esq.
9:25 Ask the Experts
Plus..
The Municipal Court Practice Committee's Proposed Rule Amendments will be discussed.
Moderator:
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
2005-2006 Municipal Court Attorney of the Year
Law Offices of Kenneth A. Vercammen (Edison)
Speakers include:
HON. JOAN ROBINSON GROSS, PJMC
(Union County)
DENIS F. DRISCOLL, ESQ.
Municipal Prosecutor (Denville, Montville & Victory Gardens)
Resch & Driscoll, PC (Hackensack)
JOHN MENZEL, ESQ.
Moore & Menzel (Point Pleasant)
Tuition fees Program S1507-10062 Reg. Fee Reg. Type
SPECIAL RECESSION BUSTER TUITION
Register by 3/31/09 $109.00 EB
General Tuition $149.00 REG
NJICLE SEASON TICKETS (STX) 1 Season Ticket(s) STX
MEMBERS, NJSBA CO-SPONSORING SECTION (COS*) $110.00 COS*
MEMBERS, NJSBA (NJB*) $119.00 NJB*
MEMBERS, NJSBA YLD (YLD*) $110.00 YLD*
Recent admittees (past 2 years) (YL) $129.00 YL
Paralegals (PAR) $95.00 PAR
Law Students (with Student ID) (STU) $0.00 STU
Full Time Judges (JUD) $0.00 JUD
DOOR REGISTRATIONS: $169
Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.
* NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers’ Section
Additional details: http://www.njicle.com/seminar.aspx?sid=735
New Jersey Institute for Continuing Legal Education The non-profit continuing education service of: The New Jersey State Bar Association Rutgers - The State University of New Jersey Seton Hall University One Constitution Square, New Brunswick, New Jersey 08901-1520 Phone: (732)214-8500 Fax: (732)249-0383 • CustomerService@njicle.com
Monday, May 04, 2009
5:30 PM to 9:30 PM
New Jersey Law Center, New Brunswick
Are you prepared to prosecute or defend your client in new Alcotest cases?
This informative guide to Municipal Court practice and procedure will familiarize you with the most recent developments affecting cases that are heard in Municipal Court.
An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
Program Preview...
5:30 Criminal Case Law and Legislative Update - Kenneth A. Vercammen, Esq.
6:15 The Prosecutor’s Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double
jeopardy issues - Denis F. Driscoll, Esq.
7:00 Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff - Hon. Joan Robinson Gross, PJMC
7:45 Refreshment break
7:55 Recent developments in traffic law, merged traffic tickets and more
8:40 DWI and Chun - John Menzel, Esq.
9:25 Ask the Experts
Plus..
The Municipal Court Practice Committee's Proposed Rule Amendments will be discussed.
Moderator:
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
2005-2006 Municipal Court Attorney of the Year
Law Offices of Kenneth A. Vercammen (Edison)
Speakers include:
HON. JOAN ROBINSON GROSS, PJMC
(Union County)
DENIS F. DRISCOLL, ESQ.
Municipal Prosecutor (Denville, Montville & Victory Gardens)
Resch & Driscoll, PC (Hackensack)
JOHN MENZEL, ESQ.
Moore & Menzel (Point Pleasant)
Tuition fees Program S1507-10062 Reg. Fee Reg. Type
SPECIAL RECESSION BUSTER TUITION
Register by 3/31/09 $109.00 EB
General Tuition $149.00 REG
NJICLE SEASON TICKETS (STX) 1 Season Ticket(s) STX
MEMBERS, NJSBA CO-SPONSORING SECTION (COS*) $110.00 COS*
MEMBERS, NJSBA (NJB*) $119.00 NJB*
MEMBERS, NJSBA YLD (YLD*) $110.00 YLD*
Recent admittees (past 2 years) (YL) $129.00 YL
Paralegals (PAR) $95.00 PAR
Law Students (with Student ID) (STU) $0.00 STU
Full Time Judges (JUD) $0.00 JUD
DOOR REGISTRATIONS: $169
Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.
* NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers’ Section
Additional details: http://www.njicle.com/seminar.aspx?sid=735
New Jersey Institute for Continuing Legal Education The non-profit continuing education service of: The New Jersey State Bar Association Rutgers - The State University of New Jersey Seton Hall University One Constitution Square, New Brunswick, New Jersey 08901-1520 Phone: (732)214-8500 Fax: (732)249-0383 • CustomerService@njicle.com
Wednesday, March 04, 2009
NJ Laws Email Newsletter E297
Kenneth Vercammen, Attorney at Law
www.njlaws.Com LINKS--Main Website with 500 + articles and 1,000 + links
Phone: (732) 572-0500
NJ Laws Email Newsletter E297
March 3, 2009
In This Issue:
1. Brendan Vercammen Wins Region 5 Wrestling Championship and Advances to All State Tournament.
2. Non Profit Social Club Not Liable for DWI Injury After Self-service Party.
3. No Plea Bargain of DWI on Appeal.
4. School Principal May Search Car on School Grounds if Reasonably Suspect Criminal Activity.
5. Internal Affairs Investigation Can Be Released.
Greetings Kenneth Vercammen,
1. Brendan Vercammen Wins Region 5 Wrestling Championship and Advances to All State Tournament in Atlantic City!
He set a record with 16 pins this season, most in the first period. He was a finalist at the Greater Middlesex County Tournament.
Home News Articles:
http://blogs.mycentraljersey.com/onthemat/2009/02/28/3403/
http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=2009901230368
Star Ledger Articles:
http://www.nj.com/hssports/results/wrestling/index.ssf/2009/02/region_5_saturdays_final_round_1.html
http://www.undergroundstrengthgym.com/
Recent Cases:
2. Non Profit Social Club Not Liable for DWI Injury After Self-service Party. Mazzacano v. Happy Hour Social and Athletic Club of Maple Shade, Inc. (A-102-07) 1-22-09
New Jersey's unsafe driving statute, N.J.S.A. 39:4-97.2, provides that the Motor Vehicle Commission shall assess the driver points for a third or subsequent offense. The statute also affords relief from the assessment of points when an offense is committed more than five years after a prior offense. In this appeal, the court has construed that language to apply only to offenses that occur after the third offense.
3. No Plea Bargain of DWI on Appeal. State v. Rastogi ___ NJ Super. ___(Law Div. Decided October 27, 2008) No. 14-3-2023
The Law Division may not accept a plea bargain to resolve a de novo appeal on the record of a municipal court conviction of driving under the influence.
4. School Principal May Search Car on School Grounds if Reasonably Suspect Criminal Activity. State v. Best 403 NJ. Super. 428 (App. Div. 2008)
A school principal may search a student's car parked on school grounds whenever, under the totality of the circumstances, the principal reasonably suspects that evidence of criminal activity will be found in the vehicle. In light of the strong State interest in maintaining order, safety and discipline in the school environment, neither probable cause nor a warrant is required.
5. Internal Affairs Investigation Can Be Released. Spinks v. Clinton 402 NJ Super. 454 (App. Div. 2008)
Three former Township of Clinton police officers appealed from two orders granting summary judgment to defendants, The Township of Clinton and Stephen Clancy, the Police Chief of Clinton. Plaintiffs had pled guilty to falsifying documents concerning their police activities, were admitted into a pre-trial intervention program, resigned their positions as police officers, and stipulated they would not work again in law enforcement in New Jersey.
Following this, they sued defendants, alleging retaliation in violation of plaintiffs' civil rights pursuant to 42 U.S.C.A. § 1983, and unlawful termination based upon age in violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12. After reviewing plaintiffs' contention affirmed the orders.
Thank you for reading our newsletter! God Bless America USA #1
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Editor's Note and Disclaimer:
All materials Copyright 2009. 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
Forward email
This email was sent to kenvnjlaws@verizon.net by vercammennewsletter@verizon.net. Update Profile/Email Address | Instant removal with SafeUnsubscribe™ | Privacy Policy. Email Marketing by Kenneth Vercammen Law Office | 2053 Woodbridge Avenue | Edison | NJ | 08817
www.njlaws.Com LINKS--Main Website with 500 + articles and 1,000 + links
Phone: (732) 572-0500
NJ Laws Email Newsletter E297
March 3, 2009
In This Issue:
1. Brendan Vercammen Wins Region 5 Wrestling Championship and Advances to All State Tournament.
2. Non Profit Social Club Not Liable for DWI Injury After Self-service Party.
3. No Plea Bargain of DWI on Appeal.
4. School Principal May Search Car on School Grounds if Reasonably Suspect Criminal Activity.
5. Internal Affairs Investigation Can Be Released.
Greetings Kenneth Vercammen,
1. Brendan Vercammen Wins Region 5 Wrestling Championship and Advances to All State Tournament in Atlantic City!
He set a record with 16 pins this season, most in the first period. He was a finalist at the Greater Middlesex County Tournament.
Home News Articles:
http://blogs.mycentraljersey.com/onthemat/2009/02/28/3403/
http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=2009901230368
Star Ledger Articles:
http://www.nj.com/hssports/results/wrestling/index.ssf/2009/02/region_5_saturdays_final_round_1.html
http://www.undergroundstrengthgym.com/
Recent Cases:
2. Non Profit Social Club Not Liable for DWI Injury After Self-service Party. Mazzacano v. Happy Hour Social and Athletic Club of Maple Shade, Inc. (A-102-07) 1-22-09
New Jersey's unsafe driving statute, N.J.S.A. 39:4-97.2, provides that the Motor Vehicle Commission shall assess the driver points for a third or subsequent offense. The statute also affords relief from the assessment of points when an offense is committed more than five years after a prior offense. In this appeal, the court has construed that language to apply only to offenses that occur after the third offense.
3. No Plea Bargain of DWI on Appeal. State v. Rastogi ___ NJ Super. ___(Law Div. Decided October 27, 2008) No. 14-3-2023
The Law Division may not accept a plea bargain to resolve a de novo appeal on the record of a municipal court conviction of driving under the influence.
4. School Principal May Search Car on School Grounds if Reasonably Suspect Criminal Activity. State v. Best 403 NJ. Super. 428 (App. Div. 2008)
A school principal may search a student's car parked on school grounds whenever, under the totality of the circumstances, the principal reasonably suspects that evidence of criminal activity will be found in the vehicle. In light of the strong State interest in maintaining order, safety and discipline in the school environment, neither probable cause nor a warrant is required.
5. Internal Affairs Investigation Can Be Released. Spinks v. Clinton 402 NJ Super. 454 (App. Div. 2008)
Three former Township of Clinton police officers appealed from two orders granting summary judgment to defendants, The Township of Clinton and Stephen Clancy, the Police Chief of Clinton. Plaintiffs had pled guilty to falsifying documents concerning their police activities, were admitted into a pre-trial intervention program, resigned their positions as police officers, and stipulated they would not work again in law enforcement in New Jersey.
Following this, they sued defendants, alleging retaliation in violation of plaintiffs' civil rights pursuant to 42 U.S.C.A. § 1983, and unlawful termination based upon age in violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12. After reviewing plaintiffs' contention affirmed the orders.
Thank you for reading our newsletter! God Bless America USA #1
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Editor's Note and Disclaimer:
All materials Copyright 2009. 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
Forward email
This email was sent to kenvnjlaws@verizon.net by vercammennewsletter@verizon.net. Update Profile/Email Address | Instant removal with SafeUnsubscribe™ | Privacy Policy. Email Marketing by Kenneth Vercammen Law Office | 2053 Woodbridge Avenue | Edison | NJ | 08817
Wednesday, February 25, 2009
NJ Laws Email Newsletter E296 February 25, 2009
NJ Laws Email Newsletter E296
Kenneth Vercammen, Attorney at Law
February 25, 2009
In This Issue:
_______________
1. Brendan
Vercammen
Wins Wrestling
District
Championship.
2. Division in dicta
Says All 3rd
Offense Unsafe
Have 4 Points.
3. Conflict of
Interest if Trial
Counsel Represents
Both Defendant
and Another Person
Who May Have
Committed Offense.
4. Defendant Should
be Present in Court
and Advised of the
Right to Appeal
Unless They Waive
Appearance.
5. D.V. Related
Assault Can Be
Expunged.
6. 2009 Metuchen
Public Defender
Volunteer
Internships.
1. Brendan Vercammen Wins Wrestling District Championship
South Brunswick's Brendan Vercammen (171) won the District 20
wrestling championship on February 21. He defeated a defending champ
from Old Bridge. South Brunswick's Joe Dougherty was named the
District 20 Coach of the Year.
Winning 2nd place and earning a trip to the Region 5 tournament were
Cody Shelcusky, Colin Preacher, Kevin Wadiak and James Pagano.
Finishing 3rd place and also participating in the Region 5 championships are
Tyler Jaramillo and Jeff Goldhagen.
The Regions are at North Hunterdon High School on Route 31 on
Tuesday, Friday & Saturday. Come out & support the team.
Joe Dougherty of South Brunswick led his squad to a third-place finish in
the Districts and a 19-9 record this season to be named district Coach of the
Year. Also helping this great team record were seniors Manny Ortiz, Edmund
Jasabe, Josh Weinstein, plus Mike Blaine and the super freshmen Fran White,
Drew Seroka, and Justin Lopez.
Home News Article:
http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=2009902210354
Star Ledger Article:
http://www.nj.com/hssports/results/wrestling/index.ssf/2009/02/district_20_results_high_schoo.html
Wrestling Blog:
http://blogs.mycentraljersey.com/onthemat/?s=vercammen
Recent Cases:
2. Appellate Division in dicta Says All 3rd Offense Unsafe
Have Four Points. Patel v. MVC 403 NJ Super. 373 (App. Div. 2008).
New Jersey's unsafe driving statute, N.J.S.A. 39:4-97.2, provides that the
Motor Vehicle Commission shall assess the driver points for a third or
subsequent offense. The statute also affords relief from the assessment of points
when an offense is committed more than five years after a prior offense. In this
appeal, the court has construed that language to apply only to offenses that
occur after the third offense.
3. Conflict of Interest if Trial Counsel Represents Both Defendant
and Another Person Who May Have Committed Offense.
State v. Alexander 403 NJ Super. 250 (App. Div. 2008).
In this appeal, the court reversed the denial of post-conviction relief
because trial counsel's representation of both defendant and another individual,
who allegedly participated in crimes with defendant, placed counsel in a per se
conflict of interest. The court held that because the conflict arose between the
entry of a guilty plea but before sentencing, there was no cause to disturb the
plea, but that defendant was entitled to be resentenced following a determination
of what might have occurred had defendant sought to cooperate with law
enforcement regarding his alleged cohort.
4. Defendant Should be Present in Court and Advised of the Right
to Appeal Unless They Waive Appearance. State v. Taimanglo
403 NJ Super. 112 (App. Div. 2008).
Part III of the Rules govern municipal appeals in the Law Division.
Defendant must be afforded right to be present and allocution unless
waived on the record. He must also be advised of right to appeal and
State v. Molina, 187 N.J. 531 (2006) applies in the absence of adherence
to R. 3:21-4(h). The conviction in this case is affirmed because the remand
conducted pending the appeal permitted defendant to raise all issues in the
Law Division and the de novo review cured defects in the municipal court
proceedings.
5. D.V. Related Assault Can Be Expunged. In the Matter of the
Expungement of the Criminal Records of N.M.H.
___ NJ Super. ___ (Law Div. Decided January 17, 2008)
No. 14-3-2048
A person who has pleaded guilty to simple assault is not prevented
from having the offense expunged solely on the basis that it constitutes
an act of domestic violence.
6. 2009 Metuchen Public Defender Volunteer Internships
The Public Defenders provide Indigent individuals charged with
criminal or serious motor vehicle charges with free or limited cost
legal defense. The Public Defender of Metuchen invites students
interested in attending law school or a career in law enforcement to
apply to serve as volunteer interns. Volunteer Law Clerk interns will
attend Wednesday evening and Friday afternoon court sessions.
The Kenneth Vercammen & Associates Law Office in Edison also
offers a law clerk volunteer internship. Information regarding our Law
Office plus articles on some of the type of matters students may work
on can be found on the Internet website www.njlaws.com. Please post
these positions.
Interested students must mail or fax a cover letter indicating the internship
they are applying for and resume. If no personal cover letter by student, the
resume will not be considered.
Details on internships at: http://www.njlaws.com/intern.htm
VOLUNTEER LEGAL INTERNS NEEDED
PUBLIC DEFENDER OF METUCHEN
Court times: WEDNESDAY 3pm PM [approx]- 8:15 PM, Friday 9am,
plus hearing preparation work.
VOLUNTEER INTERNSHIP DESCRIPTION:
-INTERVIEW CLIENTS FACING CHARGES IN MUNICIPAL
COURT INCLUDING DRUG POSSESSION, DRUNK DRIVING,
ASSAULT, THEFT, DRIVING WHILE SUSPENDED AND OTHER
DISORDERLY AND TRAFFIC OFFENSES
-MAKE DEMANDS FOR DISCOVERY AND REVIEW POLICE
REPORTS
-ATTEND TRIALS AND LEARN FROM EXPERIENCED TRIAL
ATTORNEYS,
-PREPARE MOTIONS TO SUPPRESS AND MOTIONS TO DISMISS
-CONDUCT APPROPRIATE LEGAL RESEARCH
- ACQUIRE SKILLS IN CRIMINAL LAW AND PROCEDURE BY
ACTIVE PARTICIPATION
- PARTICIPATE IN PUBLIC RELATIONS ACTIVITIES and help
set up seminars
- Update Lists of Prosecutors, Judges and Attorneys for publication of
NJ Municipal Court Law Review
- Revise criminal and traffic law Articles and submit to Law Journals and
criminal law websites.
Volunteer to help indigent people charged with criminal and motor
vehicle offenses of magnitude. In additional to time in court, you will be
given research assignments. You can work more hours if you want. Help
people less fortunate than you who are down on their luck.
Program lasts 12 weeks. Minimum time commitment September-
May is 10 hours per week.
For Summer- College graduates and Law students only. Minimum
Volunteer time commitment in summer- 18 hours per week. Send cover
letter and resume. After sending resume, call to schedule interview
732-572-0500.
We sponsor a state wide website www.njlaws.com with information
on criminal, litigation, personal injury, and probate matters. It is helpful if
applicants have some familiarity with HTML programming, web page
design and maintenance and Internet technology. If you can update a website,
please indicate so in the first paragraph of your cover letter. This office is
committed to excellence and service to clients and the community. Applicants
must have attention to detail. We attempt to give assignments which will be
meaningful and memorable but, nevertheless, expect that interns will pitch in
on whatever needs to be done.
Mail or fax cover letter and resume to
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave., Edison, NJ 08817
Fax 732-572-0030
Thank you for reading our newsletter! God Bless America USA #1
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 23 years of providing excellent service to clients
1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past
clients. Please come into the office.
Editor's Note and Disclaimer:
All materials Copyright 2009. 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
Kenneth Vercammen, Attorney at Law
February 25, 2009
In This Issue:
_______________
1. Brendan
Vercammen
Wins Wrestling
District
Championship.
2. Division in dicta
Says All 3rd
Offense Unsafe
Have 4 Points.
3. Conflict of
Interest if Trial
Counsel Represents
Both Defendant
and Another Person
Who May Have
Committed Offense.
4. Defendant Should
be Present in Court
and Advised of the
Right to Appeal
Unless They Waive
Appearance.
5. D.V. Related
Assault Can Be
Expunged.
6. 2009 Metuchen
Public Defender
Volunteer
Internships.
1. Brendan Vercammen Wins Wrestling District Championship
South Brunswick's Brendan Vercammen (171) won the District 20
wrestling championship on February 21. He defeated a defending champ
from Old Bridge. South Brunswick's Joe Dougherty was named the
District 20 Coach of the Year.
Winning 2nd place and earning a trip to the Region 5 tournament were
Cody Shelcusky, Colin Preacher, Kevin Wadiak and James Pagano.
Finishing 3rd place and also participating in the Region 5 championships are
Tyler Jaramillo and Jeff Goldhagen.
The Regions are at North Hunterdon High School on Route 31 on
Tuesday, Friday & Saturday. Come out & support the team.
Joe Dougherty of South Brunswick led his squad to a third-place finish in
the Districts and a 19-9 record this season to be named district Coach of the
Year. Also helping this great team record were seniors Manny Ortiz, Edmund
Jasabe, Josh Weinstein, plus Mike Blaine and the super freshmen Fran White,
Drew Seroka, and Justin Lopez.
Home News Article:
http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=2009902210354
Star Ledger Article:
http://www.nj.com/hssports/results/wrestling/index.ssf/2009/02/district_20_results_high_schoo.html
Wrestling Blog:
http://blogs.mycentraljersey.com/onthemat/?s=vercammen
Recent Cases:
2. Appellate Division in dicta Says All 3rd Offense Unsafe
Have Four Points. Patel v. MVC 403 NJ Super. 373 (App. Div. 2008).
New Jersey's unsafe driving statute, N.J.S.A. 39:4-97.2, provides that the
Motor Vehicle Commission shall assess the driver points for a third or
subsequent offense. The statute also affords relief from the assessment of points
when an offense is committed more than five years after a prior offense. In this
appeal, the court has construed that language to apply only to offenses that
occur after the third offense.
3. Conflict of Interest if Trial Counsel Represents Both Defendant
and Another Person Who May Have Committed Offense.
State v. Alexander 403 NJ Super. 250 (App. Div. 2008).
In this appeal, the court reversed the denial of post-conviction relief
because trial counsel's representation of both defendant and another individual,
who allegedly participated in crimes with defendant, placed counsel in a per se
conflict of interest. The court held that because the conflict arose between the
entry of a guilty plea but before sentencing, there was no cause to disturb the
plea, but that defendant was entitled to be resentenced following a determination
of what might have occurred had defendant sought to cooperate with law
enforcement regarding his alleged cohort.
4. Defendant Should be Present in Court and Advised of the Right
to Appeal Unless They Waive Appearance. State v. Taimanglo
403 NJ Super. 112 (App. Div. 2008).
Part III of the Rules govern municipal appeals in the Law Division.
Defendant must be afforded right to be present and allocution unless
waived on the record. He must also be advised of right to appeal and
State v. Molina, 187 N.J. 531 (2006) applies in the absence of adherence
to R. 3:21-4(h). The conviction in this case is affirmed because the remand
conducted pending the appeal permitted defendant to raise all issues in the
Law Division and the de novo review cured defects in the municipal court
proceedings.
5. D.V. Related Assault Can Be Expunged. In the Matter of the
Expungement of the Criminal Records of N.M.H.
___ NJ Super. ___ (Law Div. Decided January 17, 2008)
No. 14-3-2048
A person who has pleaded guilty to simple assault is not prevented
from having the offense expunged solely on the basis that it constitutes
an act of domestic violence.
6. 2009 Metuchen Public Defender Volunteer Internships
The Public Defenders provide Indigent individuals charged with
criminal or serious motor vehicle charges with free or limited cost
legal defense. The Public Defender of Metuchen invites students
interested in attending law school or a career in law enforcement to
apply to serve as volunteer interns. Volunteer Law Clerk interns will
attend Wednesday evening and Friday afternoon court sessions.
The Kenneth Vercammen & Associates Law Office in Edison also
offers a law clerk volunteer internship. Information regarding our Law
Office plus articles on some of the type of matters students may work
on can be found on the Internet website www.njlaws.com. Please post
these positions.
Interested students must mail or fax a cover letter indicating the internship
they are applying for and resume. If no personal cover letter by student, the
resume will not be considered.
Details on internships at: http://www.njlaws.com/intern.htm
VOLUNTEER LEGAL INTERNS NEEDED
PUBLIC DEFENDER OF METUCHEN
Court times: WEDNESDAY 3pm PM [approx]- 8:15 PM, Friday 9am,
plus hearing preparation work.
VOLUNTEER INTERNSHIP DESCRIPTION:
-INTERVIEW CLIENTS FACING CHARGES IN MUNICIPAL
COURT INCLUDING DRUG POSSESSION, DRUNK DRIVING,
ASSAULT, THEFT, DRIVING WHILE SUSPENDED AND OTHER
DISORDERLY AND TRAFFIC OFFENSES
-MAKE DEMANDS FOR DISCOVERY AND REVIEW POLICE
REPORTS
-ATTEND TRIALS AND LEARN FROM EXPERIENCED TRIAL
ATTORNEYS,
-PREPARE MOTIONS TO SUPPRESS AND MOTIONS TO DISMISS
-CONDUCT APPROPRIATE LEGAL RESEARCH
- ACQUIRE SKILLS IN CRIMINAL LAW AND PROCEDURE BY
ACTIVE PARTICIPATION
- PARTICIPATE IN PUBLIC RELATIONS ACTIVITIES and help
set up seminars
- Update Lists of Prosecutors, Judges and Attorneys for publication of
NJ Municipal Court Law Review
- Revise criminal and traffic law Articles and submit to Law Journals and
criminal law websites.
Volunteer to help indigent people charged with criminal and motor
vehicle offenses of magnitude. In additional to time in court, you will be
given research assignments. You can work more hours if you want. Help
people less fortunate than you who are down on their luck.
Program lasts 12 weeks. Minimum time commitment September-
May is 10 hours per week.
For Summer- College graduates and Law students only. Minimum
Volunteer time commitment in summer- 18 hours per week. Send cover
letter and resume. After sending resume, call to schedule interview
732-572-0500.
We sponsor a state wide website www.njlaws.com with information
on criminal, litigation, personal injury, and probate matters. It is helpful if
applicants have some familiarity with HTML programming, web page
design and maintenance and Internet technology. If you can update a website,
please indicate so in the first paragraph of your cover letter. This office is
committed to excellence and service to clients and the community. Applicants
must have attention to detail. We attempt to give assignments which will be
meaningful and memorable but, nevertheless, expect that interns will pitch in
on whatever needs to be done.
Mail or fax cover letter and resume to
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave., Edison, NJ 08817
Fax 732-572-0030
Thank you for reading our newsletter! God Bless America USA #1
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 23 years of providing excellent service to clients
1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past
clients. Please come into the office.
Editor's Note and Disclaimer:
All materials Copyright 2009. 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
NJ Laws Email Newsletter E295 February 12, 2009
NJ Laws Email Newsletter E295
Kenneth Vercammen, Attorney at Law
February 12, 2009
In This Issue
_______________
1. Herniated Disc
Not Always Permanent Injury.
2. Municipal Court cannot Access
Penalty for
Consumer Fraud.
3. Penalty cannot
be Enhanced if
Prior Statute was Ambiguous.
4. Failure of Owner
to Cooperate with Insurance Company can Void Coverage
5. February & March Community Events.
6. More Video & Legal podcast added to YouTube this week.
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Herniated Disc Not Always Permanent Injury.
Ames v. Gopal 12-09-08 A-2522-07T1
The Appellate Division held Plaintiff was not entitled at trial to an instruction that a herniated disc constitutes a permanent injury, entitling him to non-economic damages. The Appellate Division reduced Pardo v. Dominguez 382 N.J. Super. 489 (App. Div. 2006).
2. Municipal Court cannot Access Penalty for Consumer Fraud. State v. Tri-Way Kars, Inc. 402 NJ Super. 215 (App. Div. Decided August 5, 2008) A-1256-07T4
The court held that a municipal court had no jurisdiction under N.J.S.A. 56:8-14 to assess a penalty for an alleged Consumer Fraud Act violation in connection with the sale of a used motor vehicle because N.J.S.A. 56:8-14 only grants jurisdiction over penalty enforcement actions.
The court also held that the Central Municipal Court of Bergen County had no jurisdiction under N.J.S.A. 56:8-14.1 to assess such a penalty because that statute expressly limits jurisdiction over penalty assessment cases to municipalities "where the offense was committed or where the defendant may be found." Here, the offense was committed in South Hackensack where defendant conducted business and we concluded that this specific statute trumped the general power of the Assignment Judge to refer cases to the Central Municipal Court under N.J.S.A. 2B:12-1(e).
Finally, the court provided guidance for future actions respecting the insufficiency of the municipal court "Complaint-Summons SF-1 and SF-2" to adequately provide notice of the essential facts of a penalty assessment action, as opposed to a penalty enforcement action where the use of these forms has been approved by the Administrative Office of the Courts.
3. Penalty cannot be Enhanced if Prior Statute was Ambiguous. State v. Gelman 195 NJ 475 ( 2008) A-42
The current N.J.S.A. 2C:34-1 is insolubly ambiguous concerning whether a defendant can be charged with the fourth-degree crime of prostitution based on a prior petty disorderly persons conviction under the predecessor statute. The Court is thus compelled to apply the doctrine of lenity and dismiss the indictment.
4. Failure of Owner to Cooperate with Insurance Company can Void Coverage. Hager v. Gonsalves 398 NJ Super. 529 (App. Div. 2008) A-4293-06T1
The failure of both the operator and the owner of a motor vehicle to cooperate with the vehicle's insurer, thus preventing the insurer from ascertaining whether the operator was a permissive user at the time of the subject accident, may provide sufficient grounds for the insurer to disclaim coverage.
5. February & March Community Events:
Feb 21-Wrestling District Championships.
Brendan Vercammen made finals of Middlesex County Championships. Top record on team- 14 pins at 171, 189 & 215
Feb. 22 Irish Cocktail - K of C Avenel
Feb. 23 NJ Bar Municipal Court Meeting
MARCH - 2009
March 1 Belmar Parade (1st Sunday)
March 6 Friendly Sons Friday
March 8 St Patrick Parade - Woodbridge
March 28 NJSBA MUN 4-6
March 18 Middlesex Bar Awards Dinner - Sunny Palace, East Brunswick
March 23 Edison Chamber - Taste of Middlesex-Pines
6. More Video & Legal podcast added YouTube. We have added a weekly online podcast with a video/audio description of recent cases by the NJ Supreme Court and NJ Appellate Division and changes in Probate Law.
This week on the Kenneth Vercammen YouTube channel:
Inheritance Tax Returns
http://www.youtube.com/watch?v=cz1V3W1e1FA&feature=channel_page
Federal Estate & Gift Tax changes
http://www.youtube.com/watch?v=vCslLgdSalk&feature=channel_pag
Thank you for reading our newsletter! God Bless America USA #1
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Editor's Note and Disclaimer:
All materials Copyright 2009. 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
Kenneth Vercammen, Attorney at Law
February 12, 2009
In This Issue
_______________
1. Herniated Disc
Not Always Permanent Injury.
2. Municipal Court cannot Access
Penalty for
Consumer Fraud.
3. Penalty cannot
be Enhanced if
Prior Statute was Ambiguous.
4. Failure of Owner
to Cooperate with Insurance Company can Void Coverage
5. February & March Community Events.
6. More Video & Legal podcast added to YouTube this week.
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Herniated Disc Not Always Permanent Injury.
Ames v. Gopal 12-09-08 A-2522-07T1
The Appellate Division held Plaintiff was not entitled at trial to an instruction that a herniated disc constitutes a permanent injury, entitling him to non-economic damages. The Appellate Division reduced Pardo v. Dominguez 382 N.J. Super. 489 (App. Div. 2006).
2. Municipal Court cannot Access Penalty for Consumer Fraud. State v. Tri-Way Kars, Inc. 402 NJ Super. 215 (App. Div. Decided August 5, 2008) A-1256-07T4
The court held that a municipal court had no jurisdiction under N.J.S.A. 56:8-14 to assess a penalty for an alleged Consumer Fraud Act violation in connection with the sale of a used motor vehicle because N.J.S.A. 56:8-14 only grants jurisdiction over penalty enforcement actions.
The court also held that the Central Municipal Court of Bergen County had no jurisdiction under N.J.S.A. 56:8-14.1 to assess such a penalty because that statute expressly limits jurisdiction over penalty assessment cases to municipalities "where the offense was committed or where the defendant may be found." Here, the offense was committed in South Hackensack where defendant conducted business and we concluded that this specific statute trumped the general power of the Assignment Judge to refer cases to the Central Municipal Court under N.J.S.A. 2B:12-1(e).
Finally, the court provided guidance for future actions respecting the insufficiency of the municipal court "Complaint-Summons SF-1 and SF-2" to adequately provide notice of the essential facts of a penalty assessment action, as opposed to a penalty enforcement action where the use of these forms has been approved by the Administrative Office of the Courts.
3. Penalty cannot be Enhanced if Prior Statute was Ambiguous. State v. Gelman 195 NJ 475 ( 2008) A-42
The current N.J.S.A. 2C:34-1 is insolubly ambiguous concerning whether a defendant can be charged with the fourth-degree crime of prostitution based on a prior petty disorderly persons conviction under the predecessor statute. The Court is thus compelled to apply the doctrine of lenity and dismiss the indictment.
4. Failure of Owner to Cooperate with Insurance Company can Void Coverage. Hager v. Gonsalves 398 NJ Super. 529 (App. Div. 2008) A-4293-06T1
The failure of both the operator and the owner of a motor vehicle to cooperate with the vehicle's insurer, thus preventing the insurer from ascertaining whether the operator was a permissive user at the time of the subject accident, may provide sufficient grounds for the insurer to disclaim coverage.
5. February & March Community Events:
Feb 21-Wrestling District Championships.
Brendan Vercammen made finals of Middlesex County Championships. Top record on team- 14 pins at 171, 189 & 215
Feb. 22 Irish Cocktail - K of C Avenel
Feb. 23 NJ Bar Municipal Court Meeting
MARCH - 2009
March 1 Belmar Parade (1st Sunday)
March 6 Friendly Sons Friday
March 8 St Patrick Parade - Woodbridge
March 28 NJSBA MUN 4-6
March 18 Middlesex Bar Awards Dinner - Sunny Palace, East Brunswick
March 23 Edison Chamber - Taste of Middlesex-Pines
6. More Video & Legal podcast added YouTube. We have added a weekly online podcast with a video/audio description of recent cases by the NJ Supreme Court and NJ Appellate Division and changes in Probate Law.
This week on the Kenneth Vercammen YouTube channel:
Inheritance Tax Returns
http://www.youtube.com/watch?v=cz1V3W1e1FA&feature=channel_page
Federal Estate & Gift Tax changes
http://www.youtube.com/watch?v=vCslLgdSalk&feature=channel_pag
Thank you for reading our newsletter! God Bless America USA #1
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Editor's Note and Disclaimer:
All materials Copyright 2009. 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
NJ Laws Email Newsletter E294 February 4, 2009
NJ Laws Email Newsletter E294
Kenneth Vercammen, Attorney at Law
February 4, 2009
In This Issue
_______________
1. Recent Cases:
State Pays $2
Million to Settle Trooper Fatal
Crash Suit.
2. No Civil Immunity for Father in Death
of 4 Year Old Who
was Left Strapped in Smoke Filled Car.
3. Supreme Court Orders New Trial against City in Negligence Lawsuit and Requires Proof of Palpably Unreasonable Actions by City Employee.
4.Executor Should Not be Removed without Proof of Fraud, Gross Carelessness, or Indifference to Duty.
5. 2009 Estate Tax Amounts Increased
6. New Video & Legal podcast added to YouTube this Week.
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Recent Cases - State Pays $2 Million to Settle Trooper Fatal Crash Suit.
The state has paid $2 million to settle a Cape May County suit on behalf of two sisters killed in a crash with a police cruiser on Sept. 27, 2006. Christina Becker, 19, and Jacqueline Becker, 17, were returning to their grandmother's home after a trip to a convenience store for milk when their minivan was broadsided by Robert Higbee's car as it ran a stop sign at the intersection of Stagecoach and Old Tuckahoe roads. Witnesses and other evidence showed Higbee was going 66 mph in a 35 mph zone in pursuit of another car but without siren or flashing lights. Settlement of the wrongful death suit by the girls' mother, Maria Caiafa, was reached last May but not made public until this week. Higbee faces trial in April on two counts of vehicular manslaughter.
Source: NJLJ Daily Briefing - 01/29/2009
njsba njldailybriefing.com
2. No Civil Immunity for Father in Death of 4 Year Old Who was Left Strapped in Smoke Filled Car. Thorpe v. Wiggan.
(A-1995-07T2) 1-29-09
A father who left his four-year-old child in a smoke-filled car strapped in a car seat, with no means of escape, is not entitled to parental immunity for the child's death. The father's actions do not implicate customary child-care issues or a legitimate exercise of parental authority or supervision.
Full opinion at: http://njlawspersonalinjury.blogspot.com/
Sunday, February 1, 2009
3. Supreme Court Orders New Trial Against City in Negligence Lawsuit and Requires Proof of Palpably Unreasonable Actions by City Employee. Ogborne v. Mercer Cemetery Corporation
(A-66/67-07) 1-29-09
The "Palpably unreasonable" standard of N.J.S.A. 59:4-2 applies to this cause of action because it concerns the physical condition of public property. In addition, the issues of proximate cause and comparative negligence must be retried because issues concerning the dangerous condition of the property and whether the City acted in a palpably unreasonable manner are intertwined with the issues of causation and foreseeability.
Full Opinion at: http://njlawspersonalinjury.blogspot.com/
Sunday, February 1, 2009
4. Executor Should Not be Removed without Proof of Fraud, Gross Carelessness, or Indifference to Duty. I/M/O Estate of Hnat, App. Div. 38-2-2604
The trial court's removal of appellant as executrix of the decedent's estate is reversed since the judge removed her based on assumed friction between her and the other beneficiaries without any showing that the relationship will or is likely to interfere materially with the administration of the estate or proof that the friction arose out of the trustee's behavior. Unpublished
Source: J NJLJ Daily Briefing January 30, 2009
Full Opinion at: http://njwills.blogspot.com
Sunday, February 1, 2009
5. 2009 Estate Tax Amounts Increased
When the calendar turned from 2008 to 2009, a change in the federal estate tax laws went into effect that is worth hundreds of thousands of dollars for some affluent families. The federal estate tax exemption - the amount of money you can leave to heirs other than a surviving spouse without its being subject to estate tax - rose from $2 million in 2008 to $3.5 million in 2009.
Estate assets above that limit are taxed at 45 percent, so this change offers considerable savings. If someone with a $3 million taxable estate died in December 2008, the estate would usually owe $450,000 in taxes - 45 percent of the $1 million above the exemption amount. If that same person died after New Year's, the estate would owe no federal estate tax (though it might owe state estate tax). In New Jersey, the Estate Tax starts at $675,000.
Current federal law calls for the estate tax to be repealed in 2010 and then restored with a $1 million exemption. Most tax attorneys doubt that it will be repealed. The potential revenue loss from one year without estate taxes could be tremendous," he says.
President-elect Barack Obama's campaign tax plan called for freezing the estate tax and exemption amount at 2009 levels.
Using exemptions to avoid tax
If you expect to leave assets worth less than $3.5 million, you probably won't have to worry about federal estate tax. If your estate is larger, it would be a good idea to meet with an estate-planning attorney. This is especially so for married couples with children. They can use the unlimited marital exemption to leave any amount to the surviving spouse without incurring estate taxes and establish trusts to minimize the tax impact on their kids.
Consider a married couple, each spouse with $2 million in assets. If their estate plans call for the surviving spouse to inherit everything, he or she would have $4 million. When the survivor dies, the children would inherit a $4 million estate, which is $500,000 over the limit (in 2009) and might incur $225,000 in estate tax.
Instead, the plan might be for each spouse to make bequests to the children. That would save $225,000 under current law, because no federal estate tax would be paid on each $2 million inheritance. However, the surviving spouse wouldn't have access to half of the marital assets.
Source: http://wealthlincnews.com/c.do?cid=1039601&oid=606800
http://saulsimon.com/cgi-bin/WebObjects/View
6. New Video & Legal podcast added to YouTube this Week. The Kenneth Vercammen Channel.
We have added a weekly online podcast with a video/audio description of recent cases by the NJ Supreme Court and NJ Appellate Division. The Kenneth Vercammen channel on Youtube.com is: http://www.youtube.com/user/kvercammen
Probate of a Will
http://www.youtube.com/watch?v=Kgb25k_LQEY&feature=channel_page
Changes to Estate Administration Law
http://www.youtube.com/watch?v=PQqI8aEa088&feature=channel_page
Duty of Executor of Will
http://www.youtube.com/watch?v=SJgLT-EYifA&feature=channel_page
Thank you for reading our newsletter! God Bless America USA #1
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Editor's Note and Disclaimer:
All materials Copyright 2009. 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
Kenneth Vercammen, Attorney at Law
February 4, 2009
In This Issue
_______________
1. Recent Cases:
State Pays $2
Million to Settle Trooper Fatal
Crash Suit.
2. No Civil Immunity for Father in Death
of 4 Year Old Who
was Left Strapped in Smoke Filled Car.
3. Supreme Court Orders New Trial against City in Negligence Lawsuit and Requires Proof of Palpably Unreasonable Actions by City Employee.
4.Executor Should Not be Removed without Proof of Fraud, Gross Carelessness, or Indifference to Duty.
5. 2009 Estate Tax Amounts Increased
6. New Video & Legal podcast added to YouTube this Week.
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Recent Cases - State Pays $2 Million to Settle Trooper Fatal Crash Suit.
The state has paid $2 million to settle a Cape May County suit on behalf of two sisters killed in a crash with a police cruiser on Sept. 27, 2006. Christina Becker, 19, and Jacqueline Becker, 17, were returning to their grandmother's home after a trip to a convenience store for milk when their minivan was broadsided by Robert Higbee's car as it ran a stop sign at the intersection of Stagecoach and Old Tuckahoe roads. Witnesses and other evidence showed Higbee was going 66 mph in a 35 mph zone in pursuit of another car but without siren or flashing lights. Settlement of the wrongful death suit by the girls' mother, Maria Caiafa, was reached last May but not made public until this week. Higbee faces trial in April on two counts of vehicular manslaughter.
Source: NJLJ Daily Briefing - 01/29/2009
njsba njldailybriefing.com
2. No Civil Immunity for Father in Death of 4 Year Old Who was Left Strapped in Smoke Filled Car. Thorpe v. Wiggan.
(A-1995-07T2) 1-29-09
A father who left his four-year-old child in a smoke-filled car strapped in a car seat, with no means of escape, is not entitled to parental immunity for the child's death. The father's actions do not implicate customary child-care issues or a legitimate exercise of parental authority or supervision.
Full opinion at: http://njlawspersonalinjury.blogspot.com/
Sunday, February 1, 2009
3. Supreme Court Orders New Trial Against City in Negligence Lawsuit and Requires Proof of Palpably Unreasonable Actions by City Employee. Ogborne v. Mercer Cemetery Corporation
(A-66/67-07) 1-29-09
The "Palpably unreasonable" standard of N.J.S.A. 59:4-2 applies to this cause of action because it concerns the physical condition of public property. In addition, the issues of proximate cause and comparative negligence must be retried because issues concerning the dangerous condition of the property and whether the City acted in a palpably unreasonable manner are intertwined with the issues of causation and foreseeability.
Full Opinion at: http://njlawspersonalinjury.blogspot.com/
Sunday, February 1, 2009
4. Executor Should Not be Removed without Proof of Fraud, Gross Carelessness, or Indifference to Duty. I/M/O Estate of Hnat, App. Div. 38-2-2604
The trial court's removal of appellant as executrix of the decedent's estate is reversed since the judge removed her based on assumed friction between her and the other beneficiaries without any showing that the relationship will or is likely to interfere materially with the administration of the estate or proof that the friction arose out of the trustee's behavior. Unpublished
Source: J NJLJ Daily Briefing January 30, 2009
Full Opinion at: http://njwills.blogspot.com
Sunday, February 1, 2009
5. 2009 Estate Tax Amounts Increased
When the calendar turned from 2008 to 2009, a change in the federal estate tax laws went into effect that is worth hundreds of thousands of dollars for some affluent families. The federal estate tax exemption - the amount of money you can leave to heirs other than a surviving spouse without its being subject to estate tax - rose from $2 million in 2008 to $3.5 million in 2009.
Estate assets above that limit are taxed at 45 percent, so this change offers considerable savings. If someone with a $3 million taxable estate died in December 2008, the estate would usually owe $450,000 in taxes - 45 percent of the $1 million above the exemption amount. If that same person died after New Year's, the estate would owe no federal estate tax (though it might owe state estate tax). In New Jersey, the Estate Tax starts at $675,000.
Current federal law calls for the estate tax to be repealed in 2010 and then restored with a $1 million exemption. Most tax attorneys doubt that it will be repealed. The potential revenue loss from one year without estate taxes could be tremendous," he says.
President-elect Barack Obama's campaign tax plan called for freezing the estate tax and exemption amount at 2009 levels.
Using exemptions to avoid tax
If you expect to leave assets worth less than $3.5 million, you probably won't have to worry about federal estate tax. If your estate is larger, it would be a good idea to meet with an estate-planning attorney. This is especially so for married couples with children. They can use the unlimited marital exemption to leave any amount to the surviving spouse without incurring estate taxes and establish trusts to minimize the tax impact on their kids.
Consider a married couple, each spouse with $2 million in assets. If their estate plans call for the surviving spouse to inherit everything, he or she would have $4 million. When the survivor dies, the children would inherit a $4 million estate, which is $500,000 over the limit (in 2009) and might incur $225,000 in estate tax.
Instead, the plan might be for each spouse to make bequests to the children. That would save $225,000 under current law, because no federal estate tax would be paid on each $2 million inheritance. However, the surviving spouse wouldn't have access to half of the marital assets.
Source: http://wealthlincnews.com/c.do?cid=1039601&oid=606800
http://saulsimon.com/cgi-bin/WebObjects/View
6. New Video & Legal podcast added to YouTube this Week. The Kenneth Vercammen Channel.
We have added a weekly online podcast with a video/audio description of recent cases by the NJ Supreme Court and NJ Appellate Division. The Kenneth Vercammen channel on Youtube.com is: http://www.youtube.com/user/kvercammen
Probate of a Will
http://www.youtube.com/watch?v=Kgb25k_LQEY&feature=channel_page
Changes to Estate Administration Law
http://www.youtube.com/watch?v=PQqI8aEa088&feature=channel_page
Duty of Executor of Will
http://www.youtube.com/watch?v=SJgLT-EYifA&feature=channel_page
Thank you for reading our newsletter! God Bless America USA #1
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 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Editor's Note and Disclaimer:
All materials Copyright 2009. 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
Subscribe to:
Posts (Atom)