Judith Nallin

April 11, 2013 | New Jersey Law Journal

Because plaintiff did not fall while riding a train or embarking or disembarking from a train, the trial judge erred in instructing the jury that defendant was burdened by the heightened standard of care imposed on common carriers.

By By Judith Nallin

5 minute read

August 01, 2013 | New Jersey Law Journal

The trial court erred in permitting joinder of several offenses involving defendant in one trial because they were not signature crimes and in admitting other-crimes evidence in the second trial, but the harmless-error rule saves two of the convictions.

By Judith Nallin

7 minute read

July 11, 2013 | New Jersey Law Journal

Because the city council's rules of procedure provide that an abstention cannot be counted as either a "yes" or "no" vote, there was no tie, the mayor was not authorized to vote, and the council failed to fill the vacancy.

By Judith Nallin

5 minute read

June 06, 2013 | New Jersey Law Journal

A pregnant woman's decision to ingest legally obtained methadone will support a finding of abuse or neglect when the child suffers actual impairment as a result.

By Judith Nallin

4 minute read

May 14, 2013 | New Jersey Law Journal

Pennsylvania's refusal to transfer defendant to New Jersey because of his parole-violator-pending status did not violate the Interstate Agreement on Detainers.

By Judith Nallin

5 minute read

October 17, 2013 | New Jersey Law Journal

The trial court did not err by failing to sua sponte instruct the jury on accomplice liability as none of the evidence could support a finding that he acted as an accomplice rather than a principal.

By Judith Nallin

6 minute read

January 16, 2013 | New Jersey Law Journal

A commercial condominium unit owner owes the employee of an independent contractor a duty of care regarding a hazardous condition outside the unit notwithstanding the developer's contractual assumption of the duty to maintain and repair that area.

By By Judith Nallin

5 minute read

May 16, 2013 | New Jersey Law Journal

Defendant's proffered evidence regarding the decedent's failure to use a seat belt and the location of the utility pole the car struck is inadmissible on "but for" causation under N.J.S.A. 2C:2-3(a)(1) and on defendant's awareness of the risk under 2C:2-3(c).

By Judith Nallin

5 minute read

July 19, 2012 | New Jersey Law Journal

The district court's decision to exclude Rule 404(b) evidence of another plot to kill a witness is vacated; the chief judge of the District Court is directed to reassign this matter.

By By Judith Nallin

6 minute read

February 28, 2013 | New Jersey Law Journal

The dismissal of plaintiff's complaint alleging discrimination and retaliation is affirmed because her refusal to comply with ordered discovery of relevant information was deliberate and contumacious.

By By Judith Nallin

5 minute read