Judith Nallin

August 15, 2013 | New Jersey Law Journal

The statutory scheme governing withdrawal from or dissolution of a regional school district or modification of its funding base is not unconstitutional and plaintiffs' failure to exhaust their administrative remedies bars judicial relief.

By Judith Nallin

8 minute read

June 20, 2012 | New Jersey Law Journal

Whether a defendant can present evidence regarding postsentencing rehabilitative efforts on a remand for resentencing depends on the scope of the remand order.

By By Judith Nallin

6 minute read

February 05, 2013 | New Jersey Law Journal

Allowing for entrepreneurial profit, physical depreciation and functional obsolescence, but disallowing economic obsolescence, the Tax Court reduces the challenged assessments on the subject nursing home.

By By Judith Nallin

6 minute read

January 30, 2013 | New Jersey Law Journal

PERC's decision affirming the award in this compulsory interest arbitration is reversed because the arbitrator exceeded the scope of his authority, he failed to comply with N.J.S.A. 34:13A-16(g), and the award was contrary to statutory mandates.

By By Judith Nallin

6 minute read

May 23, 2013 | New Jersey Law Journal

The purchaser of a tax-sale certificate holds a "tax claim" pursuant to § 511 of the bankruptcy code and is entitled to the interest rate on that claim as provided under applicable nonbankruptcy law.

By Judith Nallin

5 minute read

November 15, 2012 | New Jersey Law Journal

The Civil Service Act's paid vacation leave provisions apply to career service, nonteaching staff employees of school districts that have opted to be part of the civil service system, including 10-month employees like plaintiff.

By By Judith Nallin

5 minute read

January 17, 2013 | New Jersey Law Journal

The indemnification provision in the parties' licensing agreement is not equivocal and requires indemnification of the franchisor for claims arising from its negligence.

By By Judith Nallin

5 minute read

September 06, 2012 | New Jersey Law Journal

Defendant's motion for summary judgment of indefiniteness is granted since the patent fails to disclose an algorithm that supports the means-plus-function claim limitations in Claims 1 and 9.

By By Judith Nallin

6 minute read

July 05, 2012 | New Jersey Law Journal

Penalties cannot be imposed under the Environmental Enforcement Enhancement Act for pre-existing violations that are being challenged on appeal and that cannot be considered ongoing.

By By Judith Nallin

6 minute read

January 17, 2013 | New Jersey Law Journal

The finding that defendant had abused or neglected his child is reversed as the judge improperly applied a clear and convincing standard without notice to defendant and because the evidence was not sufficient to sustain that determination.

By By Judith Nallin

5 minute read