David Kluft

🚨 NJ Appellate Division Decision – Jurisdictional Law on Sex Abuse Litigation 🚨 On February 28, 2024, the NJ Appellate Division decided E.T., A.M., A.R., and others v. The Boys and Girls Clubs of America, reversing the lower court's decision that New Jersey courts have specific personal jurisdiction over the Boys and Girls Clubs of America (BGCA) in a case involving allegations of sexual abuse by a counselor within The Boys and Girls Clubs of Hudson County. This pivotal decision highlights the complexities of jurisdictional law, particularly in cases involving national organizations with local affiliates.   In this case, the plaintiffs alleged they were sexually abused by Arthur Freudenberg, a part-time counselor for the Hudson County BGC, between approximately 1978 and 1982. They sought compensatory and punitive damages from the local entity and the national organization, BGCA. However, jurisdictional discovery showed that BGCA, based in Georgia, did not have direct control over the local club's hiring, training, or supervision practices, including those of Freudenberg. The Appellate Division found that BGCA's connection to New Jersey, through affiliation and brand used by the Hudson County BGC, did not constitute purposeful availment of New Jersey jurisdiction concerning the allegations.   This decision significantly marks the limits of specific personal jurisdiction and underscores the need for clarity in the operational relationships between national organizations and their local affiliates.   Read the Full Decision Here: https://lnkd.in/ePagx6NE   Stay informed with regular legal updates from our team of former prosecutors at the Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases.   Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NJ No aspect of this advertisement has been approved by the Supreme Court of #NewJersey   🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert (Bob) Bianchi, Esq. David Bruno, Esq. Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato

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Don’t miss the opportunity to attend the NYSBA Antitrust Section’s upcoming panel, “Trial & Error: Winning Strategies for Trying Antitrust Cases” on Wednesday May 1, 2024 from 6-8 pm.   This program will provide insights about effective trial strategies and courtroom advocacy from a judge who recently presided over a merger enforcement action and experienced practitioners who have tried civil and criminal cases as enforcers, plaintiffs’ counsel, and defense counsel. Topics of discussion will include effective techniques for opening and closing arguments, presenting complex legal and economic principles, cross-examining expert and hostile witnesses, and developing themes that will resonate with a judge or jury.   Sign-up here: https://lnkd.in/eXP-XTrM

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Mark your calendars! 🗓️ My Constangy colleague, Alexandra (Sasha) Thaler, is leading a webinar on Wednesday, Dec. 4 on workplace investigations with the Boston Bar Association. This program will discuss everything from interviewing witnesses to handling confidentiality and attorney-client privilege. Whether you're new to internal investigations or just want to sharpen your skills—you won't want to miss this! Register at the link below. #workplaceinvestigations #webinar

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The New Jersey Law Journal published "Litigators Face New Challenges Under Revised Open Records Law," explaining that some New Jersey litigators will need to adjust their methods in light of Governor Murphy's decision to sign a measure modifying the state's Open Public Records Act (OPRA). Cohn Lifland's Walter Luers, who represents records requesters said, "I think that because OPRA remains a remedial statute, courts will still accept arguments that, even in the absence of bad faith on the part of a records custodian, counsel fees should be awarded to prevailing plaintiffs.” Luers is more concerned, however, about whether a law firm representing a records requester in OPRA litigation is considered a commercial requester under the new law. The legislators who drafted the law say it was needed because of the burden that commercial data companies create for records custodians. Requesters who give the wrong answer on whether they are commercial entities are subject to a $1,000 fine under the new law, Luers said. “Law firms are going to have to look very carefully as to whether or not requests that they file on behalf of a requester are commercial requests.” He adds, “I think that’s a gray area that’s probably going to have to be litigated.” #OPRA #openpublicrecordsact

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🚨Key Ruling: Established Permissive and Easily Satisfied Standard for Obtaining Final Protective Orders under SASPA🚨   ▷ Learn about the New Jersey Supreme Court's decision in C.R. v. M.T. clarifying the permissive and easily satisfied standard for obtaining a Final Protective Order under SASPA.    New Supreme Court of New Jersey Decision – Sexual Assault Survivor Protection Act (SASPA) Read Full Blog Post Here: https://lnkd.in/epN2K-ya On April 22, 2024, the Supreme Court of New Jersey decided C.R. v. M.T., 257 N.J. 126 (2024), in which it clarified the showing required to establish "the possibility of future risk to the safety or well-being of the alleged victim" pursuant to N.J.S.A. 2C:14-16(a)(2), in order to obtain a final protective order (FPO) under the Sexual Assault Survivor Protection Act (SASPA). Key Takeaways on the Sexual Assault Survivor Protection Act (SASPA) This decision underscores the Court’s broad interpretation of the Sexual Assault Survivor Protection Act (SASPA), making it clear that the standard for issuing a final protective order (FPO) is permissive and easily satisfied. The Court highlighted that survivors of sexual assault do not need to demonstrate immediate danger but only the possibility of future harm to their safety or emotional well-being. This decision strengthens protections for sexual assault survivors under SASPA.  Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929 Stay informed with regular legal updates from our team of former prosecutors at The Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NewJersey #NJ No aspect of this advertisement has been approved by the Supreme Court of New Jersey 🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert Bianchi, ESQ., NREMT David Bruno, Esq. Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato

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The Pennsylvania Appellate Case Review - summarizing precedential opinions from the Supreme, Superior, and Commonwealth Courts, is back - bigger and better than ever. Take a look. https://conta.cc/4bubpQx

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I was happy to talk with Bloomberg Law about the recent MA hashtag #wiretap decision. You can read the article here (note the paywall):

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🚨Persistent Offender Sentencing Requires Jury Decision on Key Facts🚨 On November 27, 2024, the NJ Appellate Division decided State of New Jersey v. Jamel Carlton, ___ N.J. Super ___ (App. Div. 2024), which addressed significant issues surrounding persistent offender extended-term sentencing and key evidentiary rulings. The court held that enhanced sentences under New Jersey's persistent offender statute must comply with constitutional requirements recently outlined in Erlinger v. United States, 602 U.S. 821 (2024), mandating jury determinations of factual predicates. Carlton’s extended-term sentence was vacated, and the case remanded for a jury determination. The ruling underscores the importance of preserving constitutional protections in criminal sentencing. Decision Highlights: Carlton was convicted of multiple offenses, including aggravated sexual assault and burglary, resulting in a 42-year sentence under NERA with lifetime parole supervision.  The NJ Appellate Division ruled that sentencing decisions requiring factual findings must be made by a jury, aligning with federal precedent.  The court rejected arguments of harmless error, reaffirming that efficiency does not override constitutional guarantees under the Fifth and Sixth Amendments. Read the Full Blog Post Here: https://lnkd.in/eR2Mnibg Stay informed with regular legal updates from our team of former prosecutors at the Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases. Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NJ #NewJersey No aspect of this advertisement has been approved by the Supreme Court of New Jersey 🛡️ TEAM OF FORMER PROSECUTORS 🛡️  Robert Bianchi, ESQ., NREMT David Bruno, Esq. Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato  

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🚨 New NJ Appellate Division Decision – Fourth Amendment Rights 🚨 On February 7, 2024, the Superior Court of New Jersey, Appellate Division decided State v. Haskins, examining the retroactive application of State v. Smith concerning traffic stops for tinted windows. The court deemed Haskins' appeal within the "pipeline," despite the appeal filed after the Smith decision. Khalil H. Haskins faced a traffic stop for tinted windows, which led to the seizure of illegal substances and a firearm. The motion to suppress the evidence was denied, based on State v. Cohen. However, Haskins contended the stop was unlawful under State v. Smith, which redefined reasonable suspicion for window tints. The appellate court, analyzing the retroactivity of Smith, applied a three-step process: confirming Smith as a new rule, considering its purpose for enhancing fact-finding, and assessing the impact on the administration of justice. Choosing pipeline retroactivity, the court vacated the denial of the motion to suppress, remanding the case for a review under the Smith standards, and directed that a new judge oversee the proceedings to ensure impartiality. You can read the entire case here - https://lnkd.in/eH9QGm-v Stay informed with regular legal updates from our team of former prosecutors at the Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases. 👨‍⚖️ Need legal assistance or looking to refer a case? 📲 Don't hesitate to call us 24/7 at (862) 315-7929. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NJ #NewJersey No aspect of this advertisement has been approved by the Supreme Court of #NewJersey  🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert (Bob) Bianchi, Esq. David Bruno, Esq. Danielle Esposito Christopher A. Eaton, Esq. Paul A. Di Lella Tricia Howarth Margolis Esq. Christina Hall Maura Lynch Robert Esnes Alessandro Amato

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🚨DWI Conviction Appeal: The importance of Procedural Compliance in The Judicial System🚨 On April 4, 2024, the NJ Appellate Division decided the consolidated cases of State of New Jersey v. Wongyu Jang and State of New Jersey v. Sasha Quashie, which reversed the convictions of both defendants due to critical procedural errors. This significant ruling underscores the importance of procedural compliance in the judicial system. Both Jang and Quashie were initially convicted of DWI and related offenses in municipal court. Their appeals to the Law Division were decided without the mandated hearings, violating court rules and due process rights. The Appellate Division criticized the lower court's failure to allow the defendants to argue their cases or present briefs, a fundamental right in the appeals process. The court's decision to reverse the convictions and remand for new trials, to be conducted by a different judge, highlights the necessity of adhering to procedural norms to ensure fairness and uphold the integrity of the legal process. Read Full BLG Blog Post Here: https://lnkd.in/eXdBc5QQ Stay informed with regular legal updates from our team of former prosecutors at the Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases. Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NewJersey #NJ No aspect of this advertisement has been approved by the Supreme Court of #NewJersey 🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert Bianchi, ESQ., NREMT David Bruno, Esq. Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato

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"Now, lawyers disbarred for misappropriation, as well as lawyers disbarred for other reasons, can apply for readmission in five years as long as several conditions are met." (ABA Journal) https://lnkd.in/e6bATdjk #disbarred #legalcareer #njlawyers #lawpractice

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Top legal news of the week: Lawyer disbarred for destroying his computer, altering metadata before ethics hearing A New Hampshire lawyer has been disbarred based on allegations that he destroyed his computer before an ethics hearing and altered metadata to make it appear that he had provided conflict letters to a client when borrowing $275,000 from her. To read the full article, visit: https://bit.ly/3y5ppSw #legalnews #aba #law #legal #lawyers #DefenseCounsel #MintzerSarowitz #MSZLM

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Attorney Spotlight: Meet Employment Law Attorney Sean M. Fontes. Sean focuses on employment law compliance and employer-side litigation. Here is a snippet of his wage and equal pay auditing experience, gained from his time leading the Legal Division at the Rhode Island Department of Labor & Training: https://ow.ly/26aB50SFclL #AttorneySpotlight #EmploymentLaw #Compliance #Litigation #pshlaw

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Justice Department Secures Agreement with New Jersey to Resolve Claims of Unconstitutional Conditions in State-Run Veterans Homes The Justice Department’s Civil Rights Division and U.S. Attorney’s Office for the District of New Jersey today filed a complaint against the State of New Jersey and joined with the State in filing a proposed consent decree to address findings of unconstitutional conditions at the New Jersey Veterans Memorial Homes (Veterans Homes) at Menlo Park and Paramus. The proposed consent decree, which must still be approved by the court, would resolve the department’s claims that New Jersey violates the Constitution by failing to keep the residents of its Veterans Homes safe from harm and an unreasonable risk of harm. The proposed consent decree requires the state to meet specific standards of clinical care, to overhaul its infection control and emergency operations practices and to implement measures for improved leadership and accountability. The proposed consent decree also asks the court to appoint an independent monitor who will oversee and assess the state’s compliance with the terms of the proposed consent decree. “Our veterans deserve to receive appropriate care, as required by law, and their families deserve to have confidence that their loved ones’ needs will be met,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement requires the state to deliver that care and have the oversight in place to provide families that confidence. The Justice Department will work diligently with the state to ensure the reforms are properly implemented.” Read more: https://lnkd.in/drBmFwRu

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VT comprehensive privacy bill down for the count? Hear more from Kyle G. Kessler (she/her), Christine Xiao and William Carter #privacylaw

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