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New Jersey Supreme Court Amends Holding on Presumed Damages In Certain Defamation Suits

As noted here: https://www.gdm-law.com/?page=blog&display=51 - the New Jersey Supreme Court held that the doctrine of presumed damages applies in private-plaintiff cases that do not involve matters of public concern. However, the Court sua sponte "excised three sentences from the original opinion that purportedly authorized the award of punitive damages based only on nominal damages — in clear conflict with the Punitive Damages Act."

More after the jump (registration required).

Medicinal Marijuana Decriminalization Vote Tabled

Per The Trentonian:

"A scheduled vote in the New Jersey Assembly on a bill decriminalizing possession of small amounts of marijuana has been postponed.  The measure would decriminalize possession of up to a half ounce of pot — about 35 joints — to make it a civil offense punishable by a fine of $100 to $500. The bill was pulled Thursday so minor amendments could be made. One would defer a portion of the fine to drug education. Another would mandate drug counseling for repeat violators."

More after the jump...

NJ Assembly Judiciary Committee Approves A-1465 by a 7-0 Vote to Decriminalize Possession of Small Amounts of Marijuana

The legislation, summarized below passed through the Assembly Judiciary Committee by a bipartisan 7-0 vote.

Key points:

Under Assembly Bill 1465, the possession of 15 grams or less of marijuana would be a summary offense, punishable by a fine of $150 for a first violation, $200 for a second violation and $500 for a third. Currently, possession of this amount is a disorderly persons offense that carries a penalty of up to a $1000 fine and six months in jail. Additional fines of more than $600 may also be imposed under the existing statute. Currently, a conviction also results in a criminal record that cannot be expunged for at least five years.

Bill sponsors and more details after the jump...

New Jersey Supreme Court Holds Presumed Damages Available In Certain Defamation Suits

Per NJ Law Journal:

W.J.A. v. D.A., A-77 September Term 2010; Supreme Court; per curiam opinion; decided May 16, 2012. On certification to the Appellate Division, 416 N.J. Super. 380 (App. Div. 2010). [Sat below: Judges Axelrad. Fisher and Sapp-Peterson in the Appellate Division; Judge Perskie in the Law Division.] DDS No. 36-1-6304 [30 pp.]

At issue in this appeal is the vitality of the doctrine of presumed damages, which encompasses the losses "which are normal and usual and are to be anticipated when a person's reputation is impaired."

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Held: The doctrine of presumed damages applies in private-plaintiff cases that do not involve matters of public concern.

New Jersey expanded application of the requirement of proof of actual malice established by the U.S. Supreme Court in New York Times v. Sullivan to statements regarding private citizens in matters of public concern. In Senna v. Florimont, the New Jersey Supreme Court refined the paradigm for making such a judgment in a private defamation case. Under Senna, the first question is whether Adams is a media defendant. Clearly, he is not. As to content, Adams' speech accuses Anderson of engaging in serious criminal conduct, thus qualifying for per se treatment. But that allegation, in itself, does not vault the public-concern threshold. An analysis of the context of the speech, including examination of the speaker's status, ability to exercise due care, and targeted audience, likewise suggests that there is no matter of public concern. The malice standard of New York Times v. Sullivan does not apply here and is no bar to the application of presumed damages.

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Text of the decision after the jump.

Automatic Expungment Bill Gains Traction

New Jersey's proposed bill for automatic expungement of criminal records for certain offenses clears another hurdle.  Proponents of the bill would have expungements virtually simultaneous with graduation from drug court.  The AOC opposes due to concerns of workload and blurring the roe of judges as neutrals.  More after the jump...

The Judicial History of Whiskey

The judicial history of whiskey. And Maker's Mark wins in the 6th Circuit.

In other news, the sun continues to rise in the east.

A few choice excerpts:
  • Justice Hugo Black once wrote, “I was brought up to believe that Scotch whisky would need a tax preference to survive in competition with Kentucky bourbon.” Dep’t of Revenue v. James B. Beam Distilling Co., 377 U.S. 341, 348-49 (1964) (Black, J., dissenting).
  • All bourbon is whiskey, but not all whiskey is bourbon.
  • “As many counties of Kentucky claim the first production of Bourbon as Greek cities quarrel over the birthplace of Homer.”  H.F. WILLKIE, BEVERAGE SPIRITS IN AMERICA—A BRIEF HISTORY 19 (3d ed. 1949).

    More after the jump...



New Jersey Retroactively Applies "Scared Witness" Hearsay Exception

In State v. Rose, --- N.J.Super. --- (App. Div. 2012), New Jersey's Appellate Division applied N.J.R.E. 804(b)(9) retroactively and permitted the admission of a witness' statement who refused to testify after allegedly being threatened by the Defendant's family.

Link below.  See also, State v. Byrd, 198 N.J. 319 (2009).

Out of State Wineries Permitted to Ship to New Jersey

New York Announces Pro Bono Requirement for Admission to Bar

"Starting next year, prospective lawyers must show that they have performed at least 50 hours of law-related pro bono service before being admitted to the New York state bar, Chief Judge Jonathan Lippman announced yesterday."

Read more after the jump (registration required).