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NJ & CT News
NEW JERSEY
Advisory Committee on Judicial Conduct
Says Judge Was 'Disrespectful'
Atlantic County Superior Court Judge Max Baker has been hit with ethics charges for allegedly launching into a tirade against an unrepresented family court litigant who complained about a child-visitation schedule the judge ordered. In the complaint, counsel for the Advisory Committee on Judicial Conduct Candace Moody alleged Judge Baker's outburst called into question his ability to remain impartial. The incident that prompted the complaint took place during a hearing last Dec. 31 on cross-complaints for restraining orders brought by a mother and father, both of whom were appearing pro se. When the mother expressed concern about a temporary visitation schedule the judge had imposed, Baker “became irate ' screamed at [the mother], and, among other things, accused her of being a bad parent, and threatened her with incarceration if she disobeyed his Order regarding visitation,” the ACJC complaint says.
In his answer to the complaint, Judge Baker noted that he has already apologized to the mother, in writing. He also said his remarks to her were intended to be “instructive in imparting to [the mother] that denying [the father's] access to their child would in the long run prove detrimental to the child.” He added that “[w]hile the message should have been imparted more cordially and patiently, it was a heartfelt message with the hope of doing justice to the family, not to demean either of the litigants.”
No Immunity for 911 Call Centers
Two appellate decisions, both issued Aug. 4, hold that emergency call centers and the government bodies that operate them are not immune from suits for negligence. Both cases (Massachi v. City of Newark Police Department, A-5252-07 and Paris Wilson v. City of New Jersey, A-4044-08) involved domestic disputes that ended in death following allegedly botched responses to 911 calls for help. Both appellate panels held that New Jersey's 9-1-1 immunity statute, N.J.S.A. 52:17C-10, does not insulate emergency communications centers from suits that allege negligence in the handling of emergency calls. The immunity conveyed by the statute pertains only to technical and mechanical malfunctions or to actions taken by call center employees helping with law enforcement investigations that are already underway.
CONNECTICUT
Alimony Can Be Discontinued if Ex-Wife Returns to Her Own Country
In the case of Langley v. Langley, FA 09-4010801-S, a judge has ordered a man to pay his ex-wife alimony for five years, an amount of time, the court reasoned, that would allow the Russian ex-wife to improve her command of the English language and thus be able to support herself. The alimony obligation will end, however, if the ex-wife returns to Russia, presumably because there she will no longer be handicapped by her language skills in seeking gainful employment.
NEW JERSEY
Advisory Committee on Judicial Conduct
Says Judge Was 'Disrespectful'
Atlantic County Superior Court Judge Max Baker has been hit with ethics charges for allegedly launching into a tirade against an unrepresented family court litigant who complained about a child-visitation schedule the judge ordered. In the complaint, counsel for the Advisory Committee on Judicial Conduct Candace Moody alleged Judge Baker's outburst called into question his ability to remain impartial. The incident that prompted the complaint took place during a hearing last Dec. 31 on cross-complaints for restraining orders brought by a mother and father, both of whom were appearing pro se. When the mother expressed concern about a temporary visitation schedule the judge had imposed, Baker “became irate ' screamed at [the mother], and, among other things, accused her of being a bad parent, and threatened her with incarceration if she disobeyed his Order regarding visitation,” the ACJC complaint says.
In his answer to the complaint, Judge Baker noted that he has already apologized to the mother, in writing. He also said his remarks to her were intended to be “instructive in imparting to [the mother] that denying [the father's] access to their child would in the long run prove detrimental to the child.” He added that “[w]hile the message should have been imparted more cordially and patiently, it was a heartfelt message with the hope of doing justice to the family, not to demean either of the litigants.”
No Immunity for 911 Call Centers
Two appellate decisions, both issued Aug. 4, hold that emergency call centers and the government bodies that operate them are not immune from suits for negligence. Both cases (Massachi v. City of Newark Police Department, A-5252-07 and Paris Wilson v. City of New Jersey, A-4044-08) involved domestic disputes that ended in death following allegedly botched responses to 911 calls for help. Both appellate panels held that New Jersey's 9-1-1 immunity statute,
CONNECTICUT
Alimony Can Be Discontinued if Ex-Wife Returns to Her Own Country
In the case of Langley v. Langley, FA 09-4010801-S, a judge has ordered a man to pay his ex-wife alimony for five years, an amount of time, the court reasoned, that would allow the Russian ex-wife to improve her command of the English language and thus be able to support herself. The alimony obligation will end, however, if the ex-wife returns to Russia, presumably because there she will no longer be handicapped by her language skills in seeking gainful employment.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.