Judith Nallin

July 25, 2013 | New Jersey Law Journal

An upper management jury instruction, and a concomitant clear and convincing standard charge are necessary to support a punitive damages award against an employer under the Conscientious Employee Protection Act.

By Judith Nallin

5 minute read

June 20, 2013 | New Jersey Law Journal

The doctrine of frustration of purpose generally should be pleaded as an affirmative defense by litigants seeking to invoke it to avoid their contractual duties.

By Judith Nallin

6 minute read

August 16, 2012 | New Jersey Law Journal

Federal law principles govern the preclusive effect of the federal court judgment and plaintiffs are collaterally estopped from pursuing their state court action.

By By Judith Nallin

6 minute read

September 19, 2013 | New Jersey Law Journal

A police officer's immaterial deviation from the standard statement regarding the consequences of refusing to provide a breath sample does not require reversal of a conviction for refusal.

By Judith Nallin

6 minute read

May 30, 2013 | New Jersey Law Journal

Plaintiff's Consumer Fraud Act claim is not subsumed by its Products Liability Act claim and has been pleaded with sufficient particularity as to knowing acts and omissions, but not as to misconduct arising from regulatory violations of various building codes.

By Judith Nallin

7 minute read

October 03, 2013 | New Jersey Law Journal

The Professional and Amateur Sports Protection Act of 1992 does not violate the U.S. Constitution as it neither exceeds Congress' enumerated powers nor violates any principle of federalism, and it invalidates New Jersey's Sports Wagering Law.

By Judith Nallin

8 minute read

August 02, 2012 | New Jersey Law Journal

Once the police found no adequate evidence to corroborate the report of domestic violence and that the occupants were not in danger, they had no objectively reasonable basis to continue the warrantless search of the residence.

By Judith Nallin

6 minute read

October 24, 2012 | New Jersey Law Journal

The provisions in the domestic-violence final restraining order granting defendant temporary custody of the parties' children and exclusive possession of the marital home violate the presumption in N.J.S.A. 2C:25-29b(11) and restrain plaintiff from her home without statutory authorization.

By By Judith Nallin

5 minute read

April 30, 2013 | New Jersey Law Journal

In this action to recover the cost of a transcript provided to an attorney, his third-party complaint against the collection agency alleging violations of the Fair Debt Collection Practices Act, the Consumer Fraud Act and common-law fraud was properly dismissed.

By Judith Nallin

5 minute read

July 11, 2013 | New Jersey Law Journal

In the context of the election to fill a vacant city council seat, the trial judge erred in treating the abstentions as "no" votes which created a tie, entitling the mayor to vote on the nomination.

By Judith Nallin

5 minute read