… no matter how much they want to. Many planned community and condominium declarations have a confession of judgment paragraph.  These are usually towards the back and written in all caps (just like my father-in-law sending an email).  They seem to permit associations to bypass all of the demand letters and District Justice courtrooms, and just enter a judgment against the Unit Owner.  But what looks good on paper doesn’t always work in practice.  Pennsylvania…
Markeith Loyd Trial: Judge Denies Recusal Request This week, Orange-Osceola Chief Judge Frederick Lauten denied the defense motion seeking his recusal, filed by Terence Lenamon on December 5, 2018.  See, “Chief judge won’t recuse himself in Markeith Loyd case,” written by Gal Tziperman Lotan and published by the Orlando Sentinel on December 10, 2018.   Excerpt from the Motion: Fair Trial or Prejudice The following excerpt explains some of the defense arguments regarding how…
Continuing its efforts to engage with FinTech innovators and market participants in the adoption of new technologies, the Commodity Futures Trading Commission (“CFTC”) and its LabCFTC[1] released a Primer on Smart Contracts (the “Primer”) on November 27. The Commission focused its Primer on (1) detailing the technical aspects of smart contract technology; (2) examining potential benefits and risks connected to their widespread adoption; and (3) the CFTC’s role in regulating the adoption of the…
Not every juvenile case in New Jersey will go to a formal hearing before a Juvenile Judge. Some cases will be referred to “Juvenile Referees.” These individuals act as a go-between for the minor facing the charges and the judge. Juvenile referees hold hearings, but the proceedings are much less formal. The juvenile referee is trained and certified to fulfill their role. They will often decide cases using much less stringent evidence requirements. They may…
Slate Magazine has done a great job recounting what happened at Ruby Ridge in its Podcast Standoff. Listening now and remembering how life can turn in an instant. Want the inside story? Ron Howen, Gerry Spence and others tell the story from their viewpoint. Episode 4 tells how the FBI held back the most important evidence in the case, Lon Horiuchi’s drawing of what he saw when he fired the shot that killed Vicki Weaver.…
A lot of ink has been spilled over the crime of insider trading, which – in the view of U.S. District Judge Jed Rakoff – “is a straightforward concept that some courts have managed to complicate.”  In his recent decision in United States v. Pinto-Thomaz (S.D.N.Y. Dec. 6, 2018), Judge Rakoff attempts to simplify insider-trading law by returning to its roots:  embezzlement, and use of stolen property.…
On Tuesday night, the State of Texas will kill again…ALVIN BRAZIEL, JR., 43. Mr. Braziel’s attorneys said he received sub-par legal assistance at trial, reducing his chances of avoiding the death penalty. Despite the claim, Texas intends to carry out his execution. Mr. Braziel was sentenced to death in the 1993 slaying of a couple in Mesquite. Testing of DNA evidence in 2001 implicated Braziel, who was already in prison for sexual assault of a…
Arrested for Criminal Mischief in Morris County? Have you been arrested and charged with criminal mischief in Morris County? Do you need a lawyer to fight these charges in court? We can help. Here is a case we recently handled for a client with great success in Florham Park. Our client was arrested and charged with criminal mischief in the 4th degree (for alleged damage to property over $500 but less than $2,000). He was…
On November 30, 2018, Judge Richard Sullivan issued a long-anticipated decision in favor of the defendants in Commodity Futures Trading Commission v. Wilson, No. 13 Civ. 7884, following a four-day bench trial in December 2016 before the U.S. District Court for the Southern District of New York.  The court held that the CFTC failed to meet its burden of proof in establishing claims of market manipulation or attempted market manipulation under Sections 6(c) and 9(a)(2) of…
Every so often, we recommend a good read – usually a single book or novel that deals with capital punishment in some way. Today, we’re recommending a series of books by a single author: John Grisham. John Grisham on the Death Penalty For his personal take on the death penalty, check out Mr. Grisham’s op-ed piece last year in USA Today: “Stop the execution madness in Arkansas: John Grisham,” or watch his interview…