New Jersey residents may have heard that on Aug. 29, 2013, lawyer turned author Kathleen Niew was taken into custody at her office. The attorney, who also hosts a financial planning radio show, has been charged by the federal government with multiple counts of wire fraud. At her arraignment, she entered a plea of not guilty and was later released after posting bail.
An appeal can be used to challenge a lower court judge's refusal to recuse himself from a case. The reported case involves a civil litigation matter regarding a claim of wrongful termination. The former CFO of a convention center sued the organization claiming that she was fired in retaliation for raising concerns about spending. This is a case filed in a federal district court in a neighboring state but in the same federal circuit as the New Jersey federal court.
The first thing to understand about a malpractice claim based on a lawyer failing to file a lawsuit on time is that failing to file will only count if the case missed was a worthwhile one that would have been victorious if filed. In New Jersey as well as elsewhere, it's not legal malpractice to fail to file a case that has no legal merit and would have been dismissed in any event. Thus, in the legal malpractice case dealing with a missed filing deadline, the client will have to prove that his case had legal merit.
The Supreme Court of New Jersey has decided that a jury did not receive the proper instructions in order to reach the appropriate verdict in awarding punitive damages in a case. The case involved a sexual harassment suit that a female employee filed against a co-worker and her employer. The Court has said that the jury did not have the instructions that they needed in order to decide if the company named had any direct involvement in the alleged harassment.
When employees witness wrongdoing at their place of employment, they should be able to trust their employer to listen to their concerns without fear of retaliation. However, if employees get demoted or fired as a result of their whistleblowing, they may seek damages in the form of a wrongful termination suit. That is what is happening in New Jersey as ex-employees of the Wall Township School District are taking on the former superintendent and assistant superintendent.