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NJ & CT News
NEW JERSEY
Same-Sex Civil Union Law Is Challenged
Mercer County Assignment Judge Mary Jacobson heard arguments Aug. 16 in Garden State Equality v. Dow, MER-L-1729-11, in which the plaintiffs are seeking a summary order declaring New Jersey's Civil Union Act an illegal infringement on gay citizens' rights to equal protection under the law. The suit, which has been ongoing for many years, originally argued that that same-sex partners in New Jersey civil unions are denied equal protection because they are still not treated by all government entities in the same way that married people are treated. But this latest motion for summary judgment argues that because the U.S. Supreme Court decision in U.S. v. Windsor (see article'infra) recently declared that the federal government must recognize the validity of marriages sanctioned by state law, New Jersey's system of restricting gay couples to civil unions rather than marriages obviously renders them second class citizens; unless they are married, they are not eligible for the federal law-based marriage benefits that Windsor said are due to legally married same-sex couples. The State was represented by Assistant Attorney General Kevin Jespersen, who argued that New Jersey treats those in marriages and civil unions the same. Only the name of the relationship is different. This being the case, he asserted, the State is not depriving anyone of equal rights, and the New Jersey court system has no authority to order remedies for improper actions the federal government may or may not take.
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CONNECTICUT
New State Child Advocate Appointed
Connecticut's new state child advocate is Sara Eagan of West Hartford. She is an attorney specializing in the protection of abused children's rights who, prior to her appointment to her new post by Gov. Dannel P. Malloy, served as director of the Child Abuse Project with the Hartford-based Center for Children's Advocacy for seven years. Among her duties as state child advocate are reviewing how state services are provided to children, and heading a panel that investigates the deaths of children who are in foster care. Eagan takes the place of outgoing child advocate Jamey Bell, who is moving on to the position of executive director of the Greater Hartford Legal Aid.
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NEW JERSEY
Same-Sex Civil Union Law Is Challenged
Mercer County Assignment Judge Mary Jacobson heard arguments Aug. 16 in Garden State Equality v. Dow, MER-L-1729-11, in which the plaintiffs are seeking a summary order declaring New Jersey's Civil Union Act an illegal infringement on gay citizens' rights to equal protection under the law. The suit, which has been ongoing for many years, originally argued that that same-sex partners in New Jersey civil unions are denied equal protection because they are still not treated by all government entities in the same way that married people are treated. But this latest motion for summary judgment argues that because the U.S. Supreme Court decision in U.S. v. Windsor (see article'infra) recently declared that the federal government must recognize the validity of marriages sanctioned by state law, New Jersey's system of restricting gay couples to civil unions rather than marriages obviously renders them second class citizens; unless they are married, they are not eligible for the federal law-based marriage benefits that Windsor said are due to legally married same-sex couples. The State was represented by Assistant Attorney General Kevin Jespersen, who argued that New Jersey treats those in marriages and civil unions the same. Only the name of the relationship is different. This being the case, he asserted, the State is not depriving anyone of equal rights, and the New Jersey court system has no authority to order remedies for improper actions the federal government may or may not take.
'
CONNECTICUT
New State Child Advocate Appointed
Connecticut's new state child advocate is Sara Eagan of West Hartford. She is an attorney specializing in the protection of abused children's rights who, prior to her appointment to her new post by Gov. Dannel P. Malloy, served as director of the Child Abuse Project with the Hartford-based Center for Children's Advocacy for seven years. Among her duties as state child advocate are reviewing how state services are provided to children, and heading a panel that investigates the deaths of children who are in foster care. Eagan takes the place of outgoing child advocate Jamey Bell, who is moving on to the position of executive director of the Greater Hartford Legal Aid.
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How Secure Is the AI System Your Law Firm Is Using?
What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.