Judith Nallin

September 26, 2012 | New Jersey Law Journal

The affirmative defense of qualified immunity is applicable to claims for money damages under the Civil Rights Act but not to claims for injunctive relief; the defense is not available to defendant-police officer on motion for summary judgment.

By By Judith Nallin

6 minute read

March 07, 2013 | New Jersey Law Journal

The lack of an eyewitness is not fatal to plaintiffs' dram shop claim.

By By Judith Nallin

5 minute read

October 02, 2013 | New Jersey Law Journal

Because plaintiff's proposed methods of identifying class members do not satisfy his burden of meeting the ascertainability requirement as articulated in Marcus, which was decided while this appeal was pending, the matter is remanded to give him another opportunity to meet the requirement.

By Judith Nallin

6 minute read

April 04, 2013 | New Jersey Law Journal

The trial judge erred in deciding whether the public-entity defendants exercised discretionary decision-making or performed mandatory ministerial acts in allocating police resources; because he charged a potentially incorrect standard of liability under N.J.S.A. 59:2-3(d), the matter is remanded on liability.

By By Judith Nallin

6 minute read

August 09, 2012 | New Jersey Law Journal

The HESAA's denial of tuition aid to a U.S. citizen because her mother is not a legal New Jersey resident is based on a misapplication of law and a regulation that alters the terms of the governing statute.

By By Judith Nallin

5 minute read

May 15, 2013 | New Jersey Law Journal

The state's subpoena seeking defendant's UDIR was properly quashed because Directive 1-06 provides that information in a UDIR will not be used in grand jury proceedings or at trial; the directive is modified to permit future disclosure under specified conditions.

By Judith Nallin

6 minute read

July 12, 2012 | New Jersey Law Journal

The portion of the SLI payments made to plaintiff and reimbursed to the township by its insurer is excludable from gross income tax under N.J.S.A. 54A:6-6.

By By Judith Nallin

6 minute read

May 01, 2013 | New Jersey Law Journal

Based on the statute's plain language and a textual reading of the statute as a whole, aggravated assault "on another" in N.J.S.A. 2C:14-2(a)(3) refers to someone other than the sexual assault victim.

By Judith Nallin

6 minute read

May 08, 2013 | New Jersey Law Journal

When a domestic-violence victim is assaulted while pregnant, the final restraining order she obtains may also provide that the unborn child is an additional protected person effective on birth.

By Judith Nallin

5 minute read

February 28, 2013 | New Jersey Law Journal

Mandatory periods of parole ineligibility and mandatory extended term provisions that existed at the time of original sentencing are applicable at the time of resentencing for violation of special probation.

By — By Judith Nallin

6 minute read