NJ Laws Email E276 June 24 , 2008 Kenneth Vercammen, Attorney at Law 7325720500 In this issue: 1 Recent cases: Hockey arena not liable to patron hit with puck during warmups 2. Pharmacist could be liable for putting wrong drug in prescription 3. If property not abandoned, defendant has standing to challenge Search 4. PTI available if thefts not part of enterprise. 5. More New articles on website www.njlaws.com 6. This weekend’s activities: Patanella's FLAT as a PANCAKE Sprint Triathlon and Annual 10 mile, 10 bar Long Branch to Belmar 7. Legal forms available from the NJ State Bar Association Annual Meeting for Attorneys, Judges, Prosecutors and Police 8. Welcome Summer 2008 Law Clerks:
1 Recent cases: Hockey arena not liable to patron hit with puck during warmups Sciarrotta v. Global Spectrum (A2807) The limited duty rule, which concerns the provision of screened seating in certain areas of sports venues, applies to all activities on the field of play, including pregame warmups. If a sports venue owner or operator complies with the limited duty rule, it has satisfied its duty of care to patrons in the stands and no action in negligence will lie for the peril of objects leaving the field of play. Furthermore, the limited duty rule does not impose a separate duty to warn of the risk of objects leaving the field of play. 2. Pharmacist could be liable for putting wrong drug in prescription Bender v. Walgreen Eastern Co., Inc., et al. A466406T1 The Court concluded that a claim of professional negligence based on a pharmacist's filling a prescription with a drug not prescribed falls within the "common knowledge" exception to the affidavit of merit statute, which the Supreme Court recognized in Hubbard ex rel. Hubbard v. Reed, 168 N.J. 387 (2001).
3. If property not abandoned, defendant has standing to challenge Search. State v. Johnson 193 NJ 528 (Decided February 26, 2008) A8106 Defendant has standing under state law to challenge the warrantless search of the duffel bag in the home in which he was present, and the fruits of the search are suppressed for failure to comply with the warrant requirements of Article I, Paragraph 7 of the New Jersey Constitution. Although defendants are provided automatic standing when the seized property satisfies an element of the charged offense, if the State can show that the property was abandoned, a defendant will have no right to challenge the search or seizure of the property. 4. PTI available if thefts not part of enterprise. State v. Watkins, III 193 NJ 507 (Decided February 21, 2008) A11806 At issue in this appeal is the meaning of Guideline 3(i)(2) of Rule 3:28, which applies a presumption against admission into Pretrial Intervention (PTI) where the criminal conduct is "part of a continuing criminal business or enterprise." Individuals acting alone in furtherance of their own criminal interests who commit a series of offenses such as thefts or forgeries are not “part of a continuing business or enterprise” because they are not parin concert with others.
5. More New articles on website www.njlaws.com: June 2008 Financial Crimes Violent Crimes Late Cancer Diagnosis Negligent Surgery Emergency Room Negligence Falling Merchandise Scarring Drowning Injury Claims Drunk Driver Injuries Unknown Auto Injuries Elevator Injury Escalator Injuries
6. This weekend’s activities: Patanella's FLAT as a PANCAKE Sprint Triathlon Triathlon and Duathlon 6/28/2008 Saturday Race begins at 8:00am 300 Father Capodanno Blvd, Staten Island, NY 10306 TRIATHLON SWIM: 1/4 mile along the shore of the Raritan Bay. Swimmers will be no more than 25 yds off shore at anytime during swim. BIKE: Three 4 mile loops on a 3 lane road closed to traffic. Flat. Fast. FUN!!! RUN: 5K run. 3/4 mile on asphalt, 3/4 mile on stone block, U TURN, 3/4 mile on stone block,3/4 mile on wooden boardwalk. Enjoy a beautiful view of the Raritan Bay the entire run http://greenbrookracing.com/Pan.html …….then jump in your car for…… 6/28 Annual 10 mile, 10 bar Long Branch to Belmar This is not a race. You run, bike or walk 10 miles to between 1013 bars. Finish at Bar A, and play volleyball. Members of Rumson Hash and Jersey Shore Running Club often participate http://groups.msn.com/RumsonHash/rumsonh3infosite.msnw
then run to Saturday, June 28 Bar Anticipation
ESPN Live Broadcast 1 4 pm Subway Series Show with Brandon Tierney and ESPN Baseball Analyst Steve Phillips plus 1050 Trivia Challenge and Coed Volleyball Tournament for Springsteen Tickets and Other Prizes with $2.50 Coors Light till 8 pm http://www.bara.com/events.htm 7. Legal forms available from the NJ State Bar Association Annual Meeting for Attorneys, Judges, Prosecutors and Police Program Hot Topics in Municipal Court Practice held at the Trump Taj Mahal Casino Resort Thursday, May 22 2008 Speakers: Paris P. Eliades, Esq. Kenneth A. Vercammen, Esq. Edison 2005 NJSBA Municipal Court Attorney of the Year Could not attend? Need forms? Send email to Kenvnjlaws@verizon.net and let us know which forms or motions you request. The materials will be sent to you within 5 days, or fax us your email address 7325720030 fax Name ___________________ Email ___________________
02 Lt of rep only.doc 02 DISC.doc 02a DISC to DMV.doc 02d Disc_Complainant.doc 03D RetainerMUN COURT.doc 04 Hearing notice.doc 100 Cross Exam QDWI.doc AG Guidelines binding.doc Appeal Fee Bill to Client.doc atty_guidelines_0505.pdf Bail reduce Mt.doc Brief post convict vacate plea.doc Conditional Discharge Pet Cl.doc constructive poss.doc Court cannot handle discovery.doc Crim interview aba.doc crim Specific defenses.doc Defense Affidavit to Client.doc DISC to Client from Prosecutor.doc DUI Motions non disc jury.doc DWI Blood defense brief.doc DWI expert letter.doc DWS Fine reduced parking ticket.doc Expungement recommend.doc MIRANDA br.doc More disc br.doc Mt for Civil Reservation.doc Mt forSlap.doc Mt to be Relieved.doc Mt Dismiss No disc mun Pros.doc Mun Ct Interview.doc MVC_ DMV Followup Hearing.doc MVC_ DMV points for Atom.doc No discovery dismiss Brief.doc No Show in Court.doc OBJ TO LAB CERT.doc OPRA Brief Crim.doc Order mark try or dismiss.doc Order to be Relieved.doc Pros missing abstract.doc Refusal Brief wrong statement.doc Storm Cert priv pros.doc SupMiranda.doc
SUPPRESSION MT.doc SUPPRESSION BRIEF.doc Chun discovery brief www.BeNotGuilty.com 8. Welcome Summer 2008 Law Clerks: Christina Velazquez Ava Maria School of Law, Mount Saint Mary Academy Graduate, Assistant Editor of the NJ Municipal Law Review Mitchell Zuckerman University of Maryland, J.P. Stevens Graduate Editor, Personal Injury Blog A.C. Ranasinghe William & Mary, J.P. Stevens Graduate, Editor Personal Injury Blog Michael Samaroo Loyola College in Maryland, J.P. Stevens Graduate, Editor Elder Law Blog Jasmin A. Eversley Drexel University Class of 2008, Piscataway H.S. graduate, Public Defender Intern and Editor Criminal Law Blog http://www.njlaws.com/Law_Clerks.htm
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