LAW OFFICES OF GEOFFREY D. MUELLER, LLC

366 Kinderkamack Road
Westwood, New Jersey 07675
610 East Palisade Avenue
Englewood Cliffs, New Jersey 07632
2 William Street - Suite 304
White Plains, New York 10601
Phone: (201) 569-2533 Fax: (201) 569-2554

Chief Justice Roberts Chides Solicitor General Verrilli

Per The New Jersey Law Journal:

"Chief Justice John Roberts Jr. scolded a Justice Department lawyer in open court Tuesday, accusing the solicitor general's office of being less than candid in a brief describing the government's change in position on an issue before the court.

"The rare episode seemed to be a deliberate effort by Roberts to send a message to the solicitor general's office that it may be giving too-short shrift to the tradition of continuity between administrations that the court is accustomed to seeing. Solicitor General Donald Verrilli Jr. was in the courtroom and saw the unusual exchange."

"During routine arguments in an ERISA health insurance case titled US Airways v. McCutchen, Roberts zeroed in on footnote 9 in the government's brief, which described a position taken in previous ERISA cases by Bush Administration Secretary of Labor Elaine Chao and then stated that "upon further reflection … the Secretary is now of [a different] view."

"Roberts said angrily, "That is not the reason. It wasn't further reflection. We have a new secretary under a new administration, right?" He was referring to Obama administration labor secretary Hilda Solis."

More after the jump...

NJPURE v. Boynton & Boynton, 12-5610 - Malpractice Carrier Claims Broker Defamed It in Medical Community

Per The New Jersey Law Journal:

"Medical malpractice carrier NJPURE is accusing an insurance brokerage of making false statements to doctors about it to get or keep business for competing carriers.

"NJPURE — New Jersey Physicians United Reciprocal Exchange — has sued Boynton & Boynton and vice president Kevin Byrne, who allegedly sent disparaging e-mails about its policies, business practices and solvency.

"The suit is based on messages Byrne sent in August to Karen Kava, an employee of ObGyn Associates of North Jersey.

"The Hackensack doctors' group had coverage from Medical Protective, one of six carriers handled by Boynton, but signed up with NJPURE, and Byrne was trying to win back the business.

"His Aug. 21 e-mail to Kava included assertions that NJPURE might be facing a bad-faith claim as the result of a recent $5.59 million jury verdict and that it had been fined $10,000 for its own badmouthing of competitors.

"Those assertions were untrue, according to the complaint in NJPURE v. Boynton & Boynton, 12-5610, filed in federal court in Trenton on Sept. 7."

More after the jump...

Veterans' Day - Thank You

Veterans039 Day  Thank You

Photo Courtesy of (and with great thanks to) Carl Beams who indicates, "I found this metal plaque on the beach in Spring Lake today...Veteran's Day. It's obviously a victim of Hurricane Sandy, I think it came out of the back of one of the benches that used to line the boardwalk. Now, the benches are gone and so is the boardwalk. I'd like to return it to Mr. Camisa's family, so if anyone knows who he is, please email me."

To all our men and women currently in uniform, and to those who have served: the entire Firm offers you our most sincere thanks.

Given the picture at inset, the recent storm and the day, we offer the following from "Liberation Of Paris A Joyous Respite From War" authored by the Philadelphia Inquirer's Tom Infield on August 25, 1994.

***

"'It felt like the war was over.'

"That's how Richard W. Baker of Wildwood, N.J., remembers the joyous scene in Paris 50 years ago today as Allied troops - French and American - crossed the River Seine to drive out the Germans.

"The American Fourth Infantry Division, in which Baker was a private, came inching across the bridge, rifles and reflexes at the ready, looking up at windows, scanning rooftops for snipers - prepared to duck into doorways and start shooting."

***

"The American troops spent one more night in Paris, during which a few German planes bombed the city - a reminder, Baker thought, that the war really wasn't over.

"'Then we were right back in combat.'

"While the Fourth Division was in battle, somebody had to march with French units in the big parade around the Arc de Triomphe and down the Champs Elysees planned for Aug. 29.

"Lucky guys, those men of the 28th Infantry Division.

"Though they had nothing to do with liberating Paris, they got to enjoy the rewards.

"'Some said we didn't deserve it,' said Harold J. Camisa, who was a staff sergeant in the outfit. 'Maybe we didn't.'

"The soldiers of the 28th wore a dark-red keystone patch on their left arms, signaling the division's history as the Pennsylvania National Guard. But by 1944, they were a blend of men from all over the country. Camisa, then as now, was from Bloomfield, N.J."

***

"The 28th Division was a relative newcomer to the war. It had landed well after D-Day and hadn't been introduced to combat until July 31. Since then it had been "mopping up," as the Army called it - eliminating pockets of Germans still fighting west of Paris after the bulk of their forces had retreated east.

"Late on the evening of Aug. 28, the entire division of 15,000 men was put on canvas-covered trucks and driven all night in a downpour. The morning of parade day, they found themselves in the Bois de Boulogne, a park on the western edge of Paris.

"'They told us to shine our shoes and make sure everybody shaves,' Camisa said. 'I'm looking out through the trees, and over there I see all these tall buildings. I say, 'Hey, what the hell's going on here? Where are we at?' And a guy yells, 'Hey, Camie, we're in Paris.' That's the first time I knew.'"

Link to full article follows...

Hurricane Sandy - Various Aid & Information Links (Part 2)

To those who have been affected by the storm and its aftermath, please accept our sincere condolences and best wishes. If there is anything we might be able to do in order to help you and yours get through these times, please do not hesitate to contact us. We hope the following information proves useful.

http://www.lbieoc.org/
Long Beach Island Joint Emergency Operations Center for Hurricane Sandy

Limited Re-entry Instructions

November 4, 2012, 3:20 p.m.

Long Beach Island will be open to residents only, on Monday, November 5, 2012 from 7:00 a.m. – 3:00 p.m. Entry will take place from 7:00 a.m. – 12:00 noon. No one will be permitted to enter after 12:00 noon.

Due to unsafe conditions, there will be no access for residences of Holgate and North Beach.

Residents must show their re-entry placard, driver’s license showing an LBI address or proof of residence (i.e., tax bill, deed, etc.).

Re-entry Instructions

(Revised 11/4/12 4:33 p.m.)

New Jersey Natural Gas

Hurricane Sandy Response Update

November 3, 2012, 3 p.m.

(WALL) -- In the 72 hours since New Jersey Natural Gas (NJNG) shut off natural gas service to the hurricane-damaged areas of Long Beach Island, and Bay Head to Seaside Park, NJNG has begun its on-the-ground assessment of the damage to the system and restoration requirements.

NJNG also has made an initial, official request to FEMA for up to 5,100 electric space heaters.  Until this request is approved, the Red Cross advises that nearby heated shelters with hot meals and cots are available at Pinelands Regional High School in Tuckerton, Southern Regional High School in Manahawkin, and Pine Belt Arena in Toms River.

Damage Assessment

The current damage assessment is the first step in a sequential process to restore service.  Each section of the pipeline must be rigorously evaluated to check for all damage, including breaks and water intrusion.   Once this assessment is completed, a determination can be made as to whether some sections of the pipeline can be salvaged.  Damaged sections will need to be rebuilt.

Restoration Plan

Developing a restoration plan is the next step in the process, and it can only be reliably undertaken once the full extent of the condition of the system is known.

As soon as the plan is finalized, NJNG will share with customers how the restoration process will unfold.  Work will be undertaken in stages, starting closest to the point of supply and then working outward.  Some areas will be completed before others.  It is important to note that even at that point, a precise schedule will be impossible to provide, because the speed of the work will depend on the conditions encountered block by block, and house by house.

Individual Service

All customers who have had service interrupted—both within and outside the shut-off areas-- should be advised that when their area does have natural gas service, the following conditions must be met before service can be restored: first, their home must be habitable and they must have returned to it; second, their home must have electricity; and third, any furnaces, boilers or appliances exposed to flooding damage must be serviced and determined, by qualified technicians, to be safe for use.

Communication

NJNG is committed to keeping our affected customers informed at every step of this process.  We will be mailing an update to affected customers by November 9.  Customers can also obtain up-to-date information on our web site, njng.com, on Facebook, and through the media.

We know how frustrating this process is.  It is a long, exacting process that must be done safely and correctly at every step of the way.  It is why we worked so hard to try and save service to all our customers before making the decision to shut down the system.  We will not rest until service is restored to all of our customers.

For reference, listed below are some of the frequently asked questions we are receiving from all our customers—both within and outside of our shut-off areas.

My natural gas service was interrupted during the storm, how do I get service restored?
If your meter has been turned off by an NJNG technician or your service was interrupted during the storm, and you are now ready for service to be restored, please call us at 800-221-0051. A service technician will be dispatched to your home or business to reconnect service. Do not try to turn it back on. Only a licensed service technician may perform this task.
• In order to restore natural gas service, our technicians require safe and clear access to your home, as well as electricity. Please be sure that your equipment is clear of any standing water. This will help to ensure the safety of you and our employees.
• If your natural gas meter was under water, see the response to the following question.


What should I do if my natural gas meter was under water?
Please contact NJNG at 800-221-0051 to schedule an appointment so that we can change the regulator and the meter at no cost to you.

What should I do if my natural gas appliances were under water?
If your home or business was flooded and the natural gas appliances were under water, do not attempt to operate the appliances. Please contact a qualified plumber or appliance service contractor, for a safety inspection to ensure that appliances and controls were not damaged.

Hurricane Sandy - Various Aid & Information Links

To those who have been affected by the storm and its aftermath, please accept our sincere condolences and best wishes. If there is anything we might be able to do in order to help you and yours get through these times, please do not hesitate to contact us. We hope the following information proves useful.

http://www.fema.gov/sandy

For Disaster Survivors

State and Local Websites

For Those Who Want to Help


FOR YOUR PETS:

http://www.northcountrygazette.org/2012/11/04/rescue_hotlines/
The Humane Society of the United States, the New Jersey Office of Emergency Management, the New Jersey Department of Agriculture and the U.S. Department of Agriculture have teamed up to launch a 24-hour hotline for New Jersey evacuees who were unable to bring their pets with them before Hurricane Sandy hit.

Hurricane Sandy Pet Rescue Hotlines

New York City hotline: 347-573-1561

New Jersey hotline: 1-855-407-HSUS

Evacuees with pets still at home or with emergency animal needs are urged to call the New Jersey Hurricane Sandy Pet Rescue hotline at 1-855-407-HSUS for assistance.

The New Jersey Hurricane Sandy Pet Rescue hotline is for animal emergencies only. People seeking immediate assistance for people in need should dial 911.

~~~

Find local resources

Get the latest information on pet-friendly emergency shelters and other local resources with The HSUS’s Twitter feed (visit link or the feed at the bottom of this page) andFacebook page. (Personal Twitter or Facebook accounts not necessary.)  11-4-12

Hurricane Sandy - Various Aid & Information Links (Part 3)

To those who have been affected by the storm and its aftermath, please accept our sincere condolences and best wishes. If there is anything we might be able to do in order to help you and yours get through these times, please do not hesitate to contact us. We hope the following information proves useful.

http://www.app.com/viewart/20121101/NJNEWS/311010085/Here-s-how-you-can-help

Per the Asbury Park Press:
Here's how you can help
Purchase Image Filed Under News
Nov 03app.com



Ways you can help

Are you looking for a way to help in the recovery efforts in Monmouth and Ocean counties? If you want to volunteer, or donate goods and/or services, check out the resources below.

Are you part of an organization in need of volunteers or donations to serve those affected by Hurricane Sandy, email specifics to newstips@app.com.

For urgent and immediate health and safety issues:

Call 911.

For non-immediate health matters or other assistance:

Call 211 or go online at www.nj211.org for help with non-emergency issues, including basic human needs, support for seniors or persons with disabilities, children, or mental health issues.

To file a claim with FEMA:

Call 800-621-FEMA (800-621-3362). Make sure you register with FEMA. A printable form is here:

http://www.ready.nj.gov/plan/pdf/091211_dr4021_application.PDF

To report a downed electrical line:

Contact your local energy provider (info below). Be prepared to give the nearest cross street or the number of a nearby pole that has not been damaged and is away from any downed wires; the pole number can be found on the metal tag attached to the pole.

PSE&G: 800-436-7734

Jersey Central Power &Light (JCP&L): 800-662-3115 Atlantic City Electric: 800-642-3780 Orange Rockland Electric: 1-877-434-4100

To report a gas leak:

Contact your local gas provider.

New Jersey Natural Gas: 800-427-5325

PSE&G: 800-436-7734

To file an insurance claim, if you can't find the company or agent's number:

Call the NJ Department of Banking and Insurance at 1-800-446-7467 or go to www.dobi.nj.gov.

To report complaints about insurance companies:

Call the NJ Department of Banking and Insurance at 1-800-446-7467 or go to https://www16.state.nj.us/DOBI_UIC/servlet/Servlet.idxServlet?div='INS'

A printable complaint form is here: http://www.state.nj.us/dobi/complain.pdf

To report complaints about electric or gas utilities:

Call the NJ Board of Public Utilities: (800)624-0241 or (609)341-9188.

To report possible consumer fraud or price gouging by contractors or others:

State law makes excessive price increases illegal during a state of emergency, and for 30 days following the end of the emergency. Call the NJ Division of Consumer Affairs at 862-209-0130 or 973-220-3474.

To provide volunteer assistance in the cleanup and restoration effort:

Call 1-800-JERSEY-7 (1-800-537-7397). Backup numbers: 609-775-5236 or 908-303-0471. Volunteers may also send an email to rowena.madden@sos.state.nj.us. This service is managed by the NJ Business Action Center and the Governor's Office of Volunteerism, both divisions within the NJ Department of State.

To request volunteer assistance:

Call 211 or go online at www.nj211.org.

Extension of motor vehicle document deadlines:

To ease the burden on customers who did not have a chance to visit a motor vehicle office in October, MVC Chairman and Chief Administrator Raymond P. Martinez has issued Administrative Order 2012-03 authorizing a 30-day extension for all driver's licenses, vehicle registrations and vehicle inspection stickers that expired on October 31.

The order is here: http://www.state.nj.us/mvc/pdf/About/Admin_Order_2012_03.pdf

New Jersey Department of Environmental Protection - NJ DEPs Hurricane Sandy Page - precautionary wastewater measures, how municipalities can by I Want This" apply for emergency land use permits, when to boil their water, and much more.

Link

http://www.nj.gov/dep/special/hurricane-sandy/

East Freehold Fire Company collecting donations to help out

The East Freehold Fire Company, located at 191 Dutch Lane, Freehold, will be collecting donations for neighboring towns/brother Fire Departments that have been devastated by Hurricane Sandy. The company will begin collecting donations starting at 9 a.m. Sunday, Nov. 4, at its main base. The company will also be collecting general toiletry products, canned foods, snacks, T-shirts, socks, etc.

•Also, home-cooked meals and baked goods for our shore-town Emergency Services that have been working around the clock. They will be delivered by the East Freehold Fire Company in the early evening.|

Cleaning materials needed in Monmouth County

The Monmouth County hurricane-relief center is in need of cleaning materials: Detergents, disinfectants, wipes, rubber gloves, mops and brooms, sponges, rakes and shovels, goggles and trash bags. The Thompson Park center, on Route 520 in Middletown, is open daily from 7 a.m. to 7 p.m.

Monmouth University volunteers

Kristine Turner of Monmouth University is looking to donate the services of six to 10 women athletes at the school to help an organization somehwhere in the area around West Long Branch. Please email her at kjeremia@monmouth.edu.

East Freehold collection point

The East Freehold Fire Company collect donations for neighboring towns and fire departments beginning at 9 a.m. Sunday at its main base at 191 Dutch Lane Road. Item accepted include toiletries, canned foods, snacks, T-shirts, socks, etc. Home-cooked meals are also accepted in the early evening for emergency workers. Cal Rick at (732) 740-5576 with any questions.

Donation site planned in Deal

Children in the Deal community have organized a drop-off location from noon to 4 p.m. Sunday at the old Boy Scouts building at the corner of Deal Road and Monmouth Road, opposite the police station. Bring bottled water, non-perishable food, new clothing, blankets, personal hygiene items, baby items, sheet and pillow, and batteries.

For more information, or if you would like to volunteer, please call Joe Betesh at (732) 284-6641.

Donation center in Deal needs supplies

A collection will be held at the Old Boy Scouts building at the corner of Deal Road and Monmouth Road in Deal on Sunday, Nov. 4 from noon to 4 p.m.

The following items are needed: bottled water, non-perishable food, clothing, blankets, personal hygiene items, baby supplies, sheets/pillows, batteries.

For more information or if you would like to volunteer please call Joe Betesh at (732) 284-6641.

Cleaning supplies needed

The Monmouth County Hurricane Relief Center is in need of cleaning materials: detergents, disinfectants, wipes, rubber gloves, mops and brooms, sponges, rakes and shovels, goggles and trashbags.

The Thompson Park center, on Route 520 in Middletown, is open daily from 7 a.m. to 7 p.m.

Red Cross

To donate to the American Red Cross Hurricane Sandy Relief Fund, visit our Facebook page.

Firehouse in Marlboro accepting clothing donations

The Robertsville Volunteer Fire Company will be accepting clothing donations for families in need that were devastated by Hurricane Sandy. Anyone wishing to donate please bring donations to the fire company at 94 Route 520. Any questions call 732-536-3565.

Middletown seeks volunteers

Volunteers who are not already assigned elsewhere should report to the Town Hall Court Room, 1 Kings Highway, Middletown, at 2 p.m. today (Saturday) for deployment. Thank you for your willingness to help.

Belmar seeks supplies, cooks

Belmar Mayor Matthew Doherty Saturday announced that a Hurricane Relief Distribution Center is open at the Belmar Arts Council Building at the corner of Seventh Avenue and River Road. (608 River Road) The center is a place for the public to bring donations to assist those in Belmar affected by Hurricane Sandy. Belmar officials stressed the ongoing need for flashlights (with batteries); shelf-stable food such as canned tuna fish, peanut butter, and granola bars; baby food and toiletries.

Professional food service vendors who wish to volunteer on-site outdoor cooking operations and food service delivery should contact April Claudio at 732-681-3700.

Mayor Doherty also asked that anyone able to contribute to the financial relief effort toward Belmar’s recovery visit www.belmar.com.

Charity seeks volunteers

Operation Blessing International, one of the largest charities in America, is calling for volunteers in New Jersey who want to help residents in Bayville and Tuckerton areas who have lost or damaged homes.

Volunteers are needed to remove debris and drywall from homes and other cleanup efforts in the Mystic Island area. Volunteers should meet at 8 a.m. for orientation and safety briefing at the Old Police Station, 7 Gifford Road, Little Egg Harbor Township. Operation Blessing Intl. will provide tools. Volunteers must wear appropriate clothing such as work boots and long pants.

Homeowners can fill out work order requests starting Saturday morning at the Old Police Station (see above) or at the International Living Water Christian Center, 1103 Radio Road, Mystic Island/Tuckerton. For more info log on to www.ob.org

Animal Center needs supplies

The Jersey Shore Animal Center has no power and no generator as of Friday afternoon. It is cold and dark inside, the volunteers are great but the animals need help!!

They need sheets, towels, blankets anything to keep them warm. You won’t get through on the phone since they have power. They are at 185 Brick Blvd in Brick. 732-920-1600 www.jerseyshoreanimalcenter.org

Ocean County donation centers

According to the Ocean County Office of Emergency Management, shore residents looking to donate items to areas of Ocean County can go to the following locations after they call to find out what is needed:

•Little Egg Harbor Senior Center at 641 Radio Rd. Contact is Lt. Tom Williams at 609-276-3349.

•St. Mary’s of the Pines Church at 100 Bishop Ln. in the Manahawkin section of Stafford.

•Ocean County Hunger Relief Inc. at 917-5 Main St. in Toms River. Call 732-505-4357 from 9 a.m. to 4 p.m. Friday and 10 a.m. to 2 p.m. Saturday.

•The FoodBank of Monmouth and Ocean Counties at 3300 Route 66 in Neptune Township. Call 732-918-2600 from 7:30 a.m. to 3:30 p.m. Saturday and Sunday.

•Lacey United Methodist Church at 203 Lacey Rd. in the Forked River section of Lacey. Call Linda Applegate at 609-661-1819.

•Jackson Crossings at 21 S. Hope Chapel Rd. in Jackson. Call Vito Cardinale at 917-739-1300.

•Calvary Lighthouse Church at 1133 County Line Rd. in Lakewood from 7 a.m. to 6 p.m.

Stafford shelter not accepting donations

Stafford: The Southern Regional High School Shelter is no longer accepting donations or drop-offs of supplies, including food and clothing, police said.

For more information, visit www.facebook.com/staffordtwp.pba or follow Stafford police on Twitter @staffordpolice.

“Our neighbors are going to be needing help for a long time,” police said in a statement. “We are humbled and proud of the strength of our communities that has been displayed. We ask you to slow down with your eagerness to help right away. We have a long road ahead and many will need your generosity for a long time to come.”

Point Pleasant Beach clothing drive

Joanna Douglas, a teacher from Pt Pleasant Beach Elementary, is organizing a food, clothing, and shoe drive this Sunday, Nov. 4, 12-2 p.m. at the Point Beach High School gymnasium. Contact Joanna Douglas at joannarwilcox@gmail.com for additional information or to volunteer.

Red Cross relief fund

To donate to the American Red Cross Hurricane Sandy Relief Fund, visit our Facebook page.

Monmouth County donation drop-off site

Monmouth County has established a donation site for desperately needed items to assist the victims affected by the devastation of Hurricane Sandy. The site has been set up at Thompson Park, 805 Newman Springs Road (Route 520) in Lincroft.

The donation center is located at the service entrance of the park. It is open from 7 a.m. to 7 p.m. to receive donated items. Thompson Park is a donation site only - no distribution will be made there.

Items needed include:

»Bottled Water
» Non perishable food
» Pet food
» New clothing (especially socks and underwear)
» Blankets
» Personal hygiene items including baby items


Stafford seeks supplies

Stafford first responders are seeking donations of supplies listed below. The donations can be dropped off at the Stafford Municipal Building located at 260 Bay Avenue Manahawkin, NJ 08050 in the Council Meeting Room.

Supplies needed:

Women’s and men’s underwear, socks

Baby wipes

Deodorant (men’s &women’s)

Sweatshirts

Sweatpants

T-shirts

Gloves, hats, scarves, work gloves

United Way recovery fund

United Way Thursday announced the creation of the United Way Hurricane Sandy Recovery Fund (#sandyfund). Contributions to the fund will be used by local United Ways along the Eastern Seaboard, to address the near-term and long-term recovery needs of communities most affected by the hurricane.

Contributions to the Fund will be used by local United Ways in 12 states, including New Jersey. In the areas where the Fund is operating, Hurricane Sandy has affected nearly 8 million people.

Donations to the United Way Hurricane Sandy Recovery Fund can be made online at uwsandyrecovery.org. A $10 donation can be made by texting the word RECOVERY to 52000. Promote the United Way Hurricane Sandy Recovery Fund on Twitter using #sandyfund.

Tips box for interested volunteers:

Do not self-deploy or begin a collection without registering or consulting with a reputable disaster relief agency.

Visit www.nj211.org/hurricane.cfm#volunteer or call “2-1-1” 24-hours-a-day, 7-days-a-week for volunteer opportunities.

Stay local, and help immediate neighbors in need. For local volunteer opportunities, visit United Way Volunteer Link at www.unitedwaynnj.org/Volunteering

Move for Hunger

RED BANK: Sounds to Go DJs, in cooperation with Move For Hunger, is collecting food, clothing, and toiletries for locals in need. Donations can be dropped off at 21 East Front Street. Needed items are:

- Shampoo, soap, toothpaste, toothbrushes

- Sanitizer, deodorant, lotion, feminine hygiene products

- Diapers, towels, clothing, blankets, pillows

- Games, toys, etc.

Source: Red Bank RiverCenter business alliance

Hurricane Sandy - Various Aid & Information Links (Part 4)