Mollie Hartman Lustig, Esq.

🚨 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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"On May 8, 2024, the New Jersey Supreme Court declared a portion of the New Jersey “Child Erotica Statute” as overbroad and unconstitutional." Continue reading now: https://lnkd.in/ecB_iDYz 📲 For more information on the Supreme Court’s decision on the Child Erotica Statute or any other Family Law matters, please contact: Sean Alden Smith, Esq., Member, Family Law Services, at 973-403-3127 or [email protected] #FamilyLaw #ChildProtection #NJLaw #LegalNews #ChildSafety #Parenting #SocialMediaSafety #NJSupremeCourt #LegalInsights #LawUpdate #FamilyLawAlert #OnlineSafety #LegalRights #ChildWelfare

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Title IX Update: Several state attorneys general, led by the AGs from New Jersey, California and Pennsylvania, have combined to file an amicus brief ("friend of the court") in several lawsuits challenging the April 19, 2024 Title IX amendments and seeking to block implementation of the new regulations scheduled for August 1, 2024. The AGs from NJ, CA and PA were joined by the those representing Colorado, Delaware, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia. This combined amicus brief argues that the new regulations align with the text and judicial interpretations of Title IX. The NJ, CA and PA Attorneys General agree that sex-based harassment need not be both severe and pervasive, and that protection of LGBTQ+, pregnant and disabled students further important equal protection interests and ensuring fair treatment and access to educational programs and activities. Notably, lawsuits filed in Alabama, Kentucky, Louisiana and Texas challenge the inclusion of gender identity in the definition of sex-based discrimination. Some observers believe these lawsuits also seek to roll back the due process protections provided under current and new regulations. NJ AG Attorney General Matthew Platkin is quoted: “Enough is enough. We need policies that durably ensure fair and nondiscriminatory treatment of all students nationwide and do not change with the political winds. We’re thankful for strong federal protections for students against sex discrimination and sexual harassment, and we are proud to continue paving the way to ensure those protections remain intact.” Clark Hill's Title IX team, including Maria Fracassa Dwyer, Patricia Hamill, Lorie Dakessian, and me, will be continuing to monitor the status of these lawsuits, and to provide guidance to our institutional clients, college and university employees and students during this tumultuous time. If you missed Clark Hill Law's training on the new regulations on May 14th, keep your eyes open for a second training session to be offered virtually this summer. https://lnkd.in/gQ68hpRs

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💼 𝐓𝐡𝐞 𝐈𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐜𝐞 𝐨𝐟 𝐂𝐲 𝐏𝐫𝐞𝐬 𝐀𝐰𝐚𝐫𝐝𝐬: 𝐒𝐮𝐩𝐩𝐨𝐫𝐭𝐢𝐧𝐠 𝐂𝐢𝐯𝐢𝐥 𝐋𝐞𝐠𝐚𝐥 𝐀𝐢𝐝 💼 In Connecticut, cy pres awards play a crucial role in enhancing access to justice for those in need. These awards, which allocate unclaimed class action settlement funds, are essential in supporting civil legal aid programs that serve our community's most vulnerable members. The Connecticut Supreme Court amended Sec. 9-9 of the Connecticut Superior Court Rules in 2014 to state that in the absence of a designation, “the residual funds shall be disbursed to the organization administering the program for the use of interest on lawyers’ client funds pursuant to General Statutes 51-81c for the purpose of funding those organizations that provide legal services for the poor in Connecticut.” When class action attorneys designate the Connecticut Bar Foundation as a recipient of these residual class action funds it allows us to channel resources directly into programs that provide legal assistance to individuals who cannot afford it. From ensuring fair representation in court to offering guidance on complex legal issues, these funds help with issues such as housing, public benefits, physical safety and access to healthcare. By supporting the Connecticut Bar Foundation through cy pres awards, you are helping to uphold the principle of equal justice for all. #CyPres #LegalAid #AccessToJustice #ConnecticutBarFoundation #CivilLegalAid

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In case you missed it, Massachusetts introduced significant changes to the state's domestic violence law by expanding the definition of “abuse” to include “coercive control.” Family law attorney Steven Maalouf outlines the potential implications of this new law, and helps define “coercive control” in the client alert here: https://lnkd.in/e296yBcT #RestrainingOrder #DomesticViolence #MassachusettsLaw #FamilyLaw #CoerciveControl

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As Seen In: #GenovaBurns Corporate Political Activity Law & #ElectionLaw Practice Chair Harrison Clewell, Esq. pens article for Insider NJ "Behind the Ballot: Getting on – and off – the Ballot for President in NJ" "Running for president in New Jersey isn’t just a campaign—it’s a legal rodeo where the rules sometimes seem more byzantine than the politics. Our state, known for its hardball politics, isn’t just a crucial battleground for votes but also for legal squabbles about who even gets the chance to compete. And when the stakes are this high, those squabbles quickly become a theater of the law." #NowYouKnow #PoliticsandLaw #InsiderNJ #NJPolitics https://lnkd.in/eWsrAjmD

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VERMONT Privacy Bill Veto Governor Scott has vetoed H.121 over concerns regarding the bill’s limited private right of action and the overall impact of the bill on the state’s businesses. The legislature is set to meet next week to debate the several vetoes the governor has issued. At this point, the early indications are that a veto override is likely in the House, but its prospects in the Senate are uncertain. As you may recall, H.121 underwent some back-and-forth amendments between the House and Senate and passed both chambers on the final day of the session. Last-minute deals included a limited private right of action (PRA) that becomes effective 1/1/27 and is repealed 1/1/29 to force legislative action. The PRA is the existing one in Vermont’s Consumer Protection chapter and is solely related to sensitive information and protected health care information violations committed by data brokers and large data holders with more than 100.000 customers in Vermont. This timeframe also creates the opportunity to revisit this issue prior to going into effect. Another notable change was a narrow entity level exemption for HIPAA covered entities. House 121 contains a new Vermont Data Privacy Act that will govern the scope of nonpublic personal information collected by various entities, the use of that information consistent with permitted purposes, use beyond those permitted purposes absent consumer permission, and enforcement measures. The Act contains numerous exemptions for information and use subject to privacy laws and regulations contained in federal or State law, including entity and data level exemptions for insurers and financial institutions.

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Visit our website to read our latest blog post, breaking down the nuances between parenting coordinators, GALs, ARCs, and discovery masters. These professionals each have a distinctive role in the Massachusetts Probate & Family Court system and may be involved in your case. #familylaw #familylawyer #divorcelawyer #familycourt #legalblog

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PSA: Just because they're a big billboard lawyer, it doesn't mean they'll be better for your case! If you want someone to understand your Connecticut case and all the nuances, call the FAST FIRM. Follow Gould Injury Law will be here when you need us. 🚙💥🚗 ⚡️Gould Injury law 📞 888-WIN-FAST 💻 gouldinjurylaw.com #connecticut #localconnecticut #connecticutlawyer #personalinjurylawyer #lawfirm

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JUST RELEASED: 4th Round Affordable Housing Obligations; 84,698 New Units Needed Notice from the New Jersey Department of Community Affairs "The Department of Community Affairs (DCA) is pleased to provide the non-binding calculations of municipalities’ present and prospective need for affordable housing using the formulas outlined in P.L 2024, Chapter 2. DCA carefully analyzed the data sources contained in the law and produced an analysis that provides a fair and accurate presentation of the affordable housing responsibilities established by the legislation that Governor Murphy signed in March 2024. The Department’s publication of the calculations by the October 20, 2024 deadline reflects DCA’s commitment to providing all 564 municipalities with the data, information, and support they need to meet their affordable housing responsibilities under the law. The calculations give municipalities and developers more certainty, which enables smarter planning around where housing should be built. Click here to view the affordable housing calculations and a description of the methodology employed to produce the numbers.

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I condemn this statement from the Connecticut Bar Association in the strongest possible terms. To a Republican lawyer, it reads like a veiled threat: "Nice legal career you have there; be a shame if something were to happen to it..." I'd love to see the Indiana Supreme Court, the Indiana State Bar Association, and the Indianapolis Bar Association & Foundation issue statements expressly affirming the right of lawyers to practice law while being Republican because right now that point seems very much up for debate. (Lip service to "civility in the profession" does not count.) In the meantime, this column by Prof. Jonathan Turley lays out a very measured critique of the Connecticut Bar Association's statement, and I commend it to you. Please read the whole thing. The fact of the matter is that many Americans, myself included, believe that we currently live under a two-tiered system of justice with a legal system that one political party has weaponized against the other. Many Republican lawyers agree with this, and we have every right--and in fact the duty--to say so. Our duty to uphold the U.S. Constitution does not require us to tell the Platonic lie that the system is working just fine when plainly it isn't; it requires us to be honest and upfront about its failures so that we can fix them. In 2023, only 42% of Americans expressed trust and confidence in the judiciary (link in the comments), a new low that tied America with Italy for last place among the G7 developed nations. And that came at a time when nearly every state and territory in the Union--to my knowledge, the only exceptions being Georgia and Washington, D.C.--imposed ethical rules that substantially tracked Rule 8.2(a) of the Model Rules of Professional Conduct, which chill the free speech of lawyers who might otherwise criticize judges, prosecutors, and other public legal officers. In other words, it is not the fault of the critic of bad behavior in an institution that the public has lost trust and confidence in that institution; it's the fault of the officers engaging in the bad behavior. Judges, prosecutors, attorney generals, and now bar associations need to come to terms with this wisdom from Benjamin Franklin: "Our critics are our true friends because they show us our faults."

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🚨Client Alert: This week, the Massachusetts Supreme Judicial Court ruled that contractors who violate the #PromptPayAct must pay the unpaid amounts before asserting any common law defenses in a lawsuit. Read more in this alert from Doug Mackin and Michael Filbin (link in comments). #constructionlaw #cozenoconnor

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LEGAL UPDATE: Governor Hochul signs law providing clarity in court for survivors of sexual abuse seeking justice under the NY Adult Survivors Act. The new law eliminates an unintended and unexpected procedural hurdle which municipalities argued (with various degrees of success) had invalidated victims’ rights to bring claims under the ASA. This is a significant step towards supporting survivors and ensuring accountability. Read more about it here: https://lnkd.in/eE3tuDU6 #Survivors #Justice #AdultSurvivorsAct #SupportSurvivors

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On November 13, New Hampshire Attorney General John Formella, alongside a bipartisan coalition of 46 Attorneys General, called on the FCC to tighten its Robocall Mitigation Database (RMD) processes to combat the rise in illegal robocalls and scams targeting U.S. consumers. Key Highlights: Why It Matters: - Over 144 million robocalls were made to the 603 area code in New Hampshire last year, with many being scams like tax debt reduction schemes and fraudulent payment reminders. Proposed Changes to the RMD: - Providers must submit accurate, validated information with clear deadlines. - Strengthened vetting to identify and block false or misleading submissions. - Penalties for non-compliance, including revocation of authorization to operate. The Problem: - Since its launch in 2021, the RMD has allowed bad actors to exploit loopholes and access the U.S. telephone network through non-vetted registrations. - Voice service providers face no significant consequences for submitting false or incomplete data, enabling fraudulent robocall traffic. Expected Outcomes: Blocking non-compliant providers and tightening the system will limit scammers' access and reduce fraudulent calls reaching U.S. consumers. This collective action underscores a nationwide commitment to curbing robocall fraud and protecting Americans from harassment. For more updates on consumer protection and regulatory actions, follow Global Regulatory Insights. Image: leadsrain #ConsumerProtection #Robocalls #FCC #ScamPrevention #TelecomRegulation #GRI

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Our attorneys are experienced in landlord-tenant cases. Massachusetts landlord-tenant practice is loaded with traps for the unwary and procedural complexities for landlords. Landlords who represent themselves do so at their own peril and will often arrive at court with their cases dismissed for not following these requirements. It’s not a do-it-yourself situation. #cannerlaw #cannerlawandassociates #realestatelaw #realestatelawfirms #needhamma #bostonma #massachusettsrealestate

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🚨 Historic New Supreme Court Order: A Turning Point for New Jersey DWI Cases 🚨  On February 23, 2024, a groundbreaking shift occurred in New Jersey’s legal landscape. Chief Justice Stuart Rabner signed a historic order that revokes Guideline 4, lifting the longstanding prohibition against plea bargaining in DWI cases. This landmark decision aligns with the recent amendments to New Jersey's DWI law, signaling a transformative moment for the state's judicial approach to DWI prosecutions. Guideline 4’s history traces back to concerns over municipal court abuses, leading to its implementation in 1990 to ban plea deals in DWI cases. Its withdrawal follows the 2024 amendment to N.J.S.A. 39:4-50, which permits plea agreements based on prosecutors' recommendations, challenging the guideline's constitutionality under the separation of powers doctrine. This change not only reflects a significant policy shift but also addresses the evolving professionalism within municipal courts, aiming to enhance judicial efficiency and prosecutorial discretion in handling DWI cases. The Supreme Court's decision to withdraw Guideline 4, in respect of legislative intent and in the interest of comity, marks a pivotal moment in New Jersey's pursuit of a balanced legal process. You Can Read Chief Justice Rabner's Court Order in Full Here- https://lnkd.in/eux4qdwm 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. Under New Jersey Court Rule 1:39-6, our partners, Bob and Dave, can return referral fees to attorneys on criminal law cases as we are certified criminal trial attorneys by the New Jersey Supreme Court. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NJ #NewJersey #Lawyer #Attorney #Law #Legal 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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The merry month of May is as good a time as any to contemplate the advantages of joint custody in NYS family law. Please check out my latest informational video on YouTube, and make sure to like and subscribe. Thanks very much. https://lnkd.in/ejcjvtSx

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