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Phone: (201) 569-2533 Fax: (201) 569-2554

Boston Marathon Bomber Dzhokhar Tsarnaev To Face Death Penalty

Per WSJ.com:

"BOSTON—Federal prosecutors will seek the death penalty against accused Boston Marathon bomber Dzhokhar Tsarnaev, U.S. Attorney General Eric Holder said Thursday.

"Mr. Tsarnaev has pleaded not guilty to all charges against him, including using a weapon of mass destruction during the April 15 attack that left three dead and more than 260 wounded, including 16 people who lost legs.

"'The nature of the conduct at issue and the resultant harm compel this decision,' Mr. Holder said in a statement.

Full article after the jump...

Beim v. Hulfish - New Jersey Supreme Court Holds Estate Tax Losses Not Cognizable Under Wrongful Death Act

Per The NJLJ:

"The heirs of a man killed in a 2008 car accident will not be allowed to show a jury how his estate would have benefited from Bush-era changes to federal estate tax law had he lived longer, the New Jersey Supreme Court ruled on Tuesday.

"The justices held that allowing tax estate tax losses to be considered pecuniary injuries would expand the state's Wrongful Death Act "beyond its intended parameters."

"Tuesday's decision in Beim v. Hulfish rejected the heirs' assertion that the Wrongful Death Act is remedial in nature and that it must be construed liberally in order to advance the purposes of the Legislature.

"Damages premised upon the distinctions between the estate tax laws that governed in succeeding years are unrelated to any contributions that decedent would have made to his heirs had he remained alive," Justice Anne Patterson wrote for the unanimous court. "Such damages do not advance the Legislature's objective to leave a decedent's heirs in no worse position economically than if [their] relative had lived."

Full article and decision after the jump...

Fake Court Notices Continue To Proliferate

As noted in our January 22, 2014 entry, and per the New Jersey Law Journal:

"Courts around the country are circulating warnings about virus-bearing emails that purport to be notices of court hearings.


"The messages, often dubbed a "notice to appear" or "warrant to appear," are written as if they were sent by a court clerk and the subject line usually refers to a hearing and states a docket number.


"Recipients are told of a warrant requiring that they appear in court at a certain time on a specified date for a hearing and must bring with them all documents and witnesses.


"Some of the messages give a reason for the hearing—usually illegal software use—and many have return email addresses suggesting they were sent by prominent law firms, including Jones Day; Hogan Lovells; Latham & Watkins; Dechert; Perkins Coie; and Skadden Arps Slate Meagher & Flom.


"The emails typically instruct recipients to open and read attachments that supposedly contain additional details. Anyone who clicks through is infected with malware that can steal passwords, download other malware and/or turn the receiving computer into part of a "botnet" that attacks other machines and systems.


"The Administrative Office of the U.S. Courts sent out a "Public Alert" on Jan. 14, captioned "Scam Emails About Phony Court Cases Carry Computer Virus." It cautioned: "Unless you are actively involved in a case in federal court and have consented to receive court notifications electronically, you generally will not be served with court documents, electronically."

Full article after the jump...

ATL PSA: Beware "Brian Willmer" of "Willmer Hale"

Note: Although initially reported in January 2011, these emails have been making the rounds again.

Per AboveTheLaw:

"Is “phishing” running rampant throughout the legal community? A few weeks ago, Professor Charles Nesson of Harvard Law School fell victim to a phishing scam. As the HLS Help Desk helpfully explained at the time, “Phishing emails are fraudulent email messages claiming to be from a legitimate source that ask you to send confidential information such as username, password, date of birth, etc.”

"The latest high-profile victim of a phishing attack is a leading law firm, WilmerHale. A mass email is going around, purportedly from “Brian Willmer” of “Willmer Hale,” regarding an alleged subpoena. The email is a fraud; as far as we know, there is no “Brian Willmer” of “Willmer Hale.” It contains a link that you definitely do not want to click on."

***

"So if you receive an email from “Willmer Hale” about documents responsive to a subpoena, please ignore it.

"And if you receive an email from “WilmerHale” about documents responsive to a subpoena, maybe ignore it too — and then claim you thought it was a scam. Opposing counsel of WH, today may be your lucky day."

Full article after the jump...

NJ Division of Youth and Family Services (Agency For Child Protection) Challenges Adverse $166M Award For Negligent Placement

Initial story on $166M Award For Negligent Placement here: http://gdm-law.com/index.php?page=blog&display=258

Per the N.J. Law Journal:

"New Jersey's child-protection agency is seeking to overturn or reduce a $166 million verdict against it for a boy beaten to the point of disability after child-welfare agents failed to take him from an abusive parent.


"Plaintiff attorneys on Thursday filed opposition papers to the state's motions, and a hearing is scheduled for Jan. 17.


* * *
'[Plaintiff] demanded $60 million, but [DYFS] returned with a $10 million counteroffer two days before the verdict, which was rejected."

Full article after the jump...

Legislative Proposal To Fit Domestic Violence Offenders With Ankle Bracelets

Per The New Jersey Law Journal:

"A bill creating a pilot program to put New Jersey domestic-violence offenders under electronic monitoring is on the governor's desk.
The program, to be run in Ocean County for four years, would require offenders to wear ankle bracelets, and victims would be notified if their attackers come within a certain area.

"'It may not total eliminate the risk, but it could significantly reduce the risk of these assaultive behaviors,' said one of the primary sponsors, Assemblyman Ronald Dancer, R-Ocean, at a Senate Budget and Appropriations Committee hearing in December.
The bill creating the program is called "Lisa's Law" after Letizia Zindell, a Toms River woman murdered in 2009 by her former fiance, Frank Frisco, a day after he was released from jail for violating a restraining order she had obtained."

***

"Offenders subjected to electronic monitoring could be required to pay all or part of the expenses related to monitoring and notification, based on his or her ability to pay, plus face an additional $250 fee, which a judge would have the authority to waive.

"Removing a court-ordered ankle bracelet would be a third-degree crime, punishable by a prison term of three to five years."

***

"The AOC remains opposed to the bill because of the cost uncertainties, spokeswoman Winnie Comfort says."

Full article after the jump...