Judith Nallin

January 16, 2014 | New Jersey Law Journal

Plaintiffs have set forth a basis to compel the Department of Health to complete its reporting requirements under the Compassionate Use of Medical Marijuana Act but all other relief requested to effectuate the act is denied.

By Judith Nallin

6 minute read

January 16, 2014 | New Jersey Law Journal

There is no statutory language or legislative history entitling plaintiffs to a refund of overpaid municipal parking taxes and, thus, the mandate of the Volunteer Rule is applicable to prevent a refund.

By Judith Nallin

6 minute read

January 16, 2014 | New Jersey Law Journal

The summary denial of defendant's request for an adjournment to retain counsel of his choosing without any analysis of the relevant factors outlined in Furguson was error requiring a new trial.

By Judith Nallin

4 minute read

January 16, 2014 | New Jersey Law Journal

D.N.'s petition for certification regarding the Appellate Division's ruling that an indigent defendant is not entitled to appointed counsel when prosecuted for violation of the Prevention of Domestic Violence Act is denied.

By Judith Nallin

3 minute read

January 16, 2014 | New Jersey Law Journal

A violation of the Unfair Cigarette Sales Act requires proof that a wholesaler effectively sold its cigarettes at prices below its cost with an anticompetitive, not predatory, intent; proof of underpricing is prima facie, not conclusive, evidence of such intent.

By Judith Nallin

8 minute read

January 09, 2014 | New Jersey Law Journal

The court's questioning of pro se defendant was improper as it exceeded mere clarification, but in light of the overwhelming evidence of guilt, was harmless error.

By Judith Nallin

6 minute read

January 09, 2014 | New Jersey Law Journal

The capitalized cost reduction payments plaintiffs paid at the inception of their auto leases constitute lease amounts paid in advance under § 535(f) of the Servicemembers Civil Relief Act, entitling them to its protections.

By Judith Nallin

5 minute read

January 09, 2014 | New Jersey Law Journal

There is insufficient credible evidence in the record to support a finding that police had probable cause to arrest defendant for defiant trespass; therefore, the search was unconstitutional and the fruits of the search must be suppressed.

By Judith Nallin

6 minute read

January 09, 2014 | New Jersey Law Journal

N.J.S.A. 34:8B-1, barring employers from publishing ads stating that job applicants must be currently employed for their applications to be accepted, does not improperly infringe on the right to free speech under the state and federal constitutions and is constitutional.

By Judith Nallin

6 minute read

January 02, 2014 | New Jersey Law Journal

To place a proposed question on a nonbinding local referendum on the ballot, a municipality must comply with the deadlines in both N.J.S.A. 19:37-1 and 19:37-2.

By Judith Nallin

6 minute read