Judith Nallin

August 08, 2013 | New Jersey Law Journal

A charity that accepts a conditional inter vivos gift is not free to ignore or materially alter the expressed purpose of the gift, and must return the gift if it unilaterally decides not to honor the donor's intent.

By Judith Nallin

6 minute read

September 12, 2013 | New Jersey Law Journal

The bifurcated trial and sequential approach adopted in Khan is no longer viable and should no longer be used where a criminal defendant wishes to pursue both a substantive defense and an insanity defense.

By Judith Nallin

6 minute read

May 31, 2012 | New Jersey Law Journal

A mortgagee who accepts a mortgage with actual knowledge of intervening encumbrances will subrogate to a first mortgage with priority over those encumbrances to the extent the proceeds of the new mortgage are used to satisfy the old mortgage absent unjust enrichment or prejudice to the junior mortgagee.

By By Judith Nallin

6 minute read

September 20, 2012 | New Jersey Law Journal

The discovery that the corporate defendant received under Fed. R. Crim. P. 16(a)(1)(C)(ii) was adequate and in keeping with the standards of the rule, and the court did not err in its jury instructions; defendants' convictions are affirmed.

By By Judith Nallin

7 minute read

February 07, 2013 | New Jersey Law Journal

The borough had no obligation under N.J.S.A. 20:3-6 to negotiate with the assignee of the mortgagee that had obtained a judgment of foreclosure on the subject property, but only with the property owner of record.

By By Judith Nallin

5 minute read

August 03, 2012 | New Jersey Law Journal

Under Third Circuit claim-preclusion jurisprudence, plaintiff is not barred from pursuing this action alleging a failure to provide him with the notice required by COBRA.

By Judith Nallin

6 minute read

October 10, 2013 | New Jersey Law Journal

The district court did not err in imposing the two-level enhancement for sophisticated money laundering under U.S.S.G. § 2S1.1(b)(3) despite the absence of the factors listed in Application Note 5 since those factors are illustrative, not required.

By Judith Nallin

5 minute read

June 20, 2013 | New Jersey Law Journal

Under the doctrine of collateral estoppel, the orders entered in the prior federal bankruptcy proceeding bar the proofs of claim filed by the Celotex Asbestos Settlement Trust with the Integrity liquidator.

By Judith Nallin

6 minute read

May 15, 2013 | New Jersey Law Journal

The unfiled discovery that plaintiff seeks is exempt from public disclosure under N.J.S.A. 47:1A-9b, and its common-law right-of-access claim is denied because the state's interests in confidentiality outweigh plaintiff's interest in disclosure.

By — Judith Nallin

5 minute read

August 21, 2012 | New Jersey Law Journal

Retail sales taxes are trust fund taxes under the Bankruptcy Code and, therefore, are not dischargeable in bankruptcy.

By By Judith Nallin

6 minute read