November 08, 2012 | New Jersey Law Journal
State v. ScottA defendant's knowledge of the communal character of a firearm is not an element of N.J.S.A. 2C:39-4a(2).
By By Judith Nallin
5 minute read
June 21, 2012 | New Jersey Law Journal
State v. NeviusThe trial judge did not abuse his discretion in finding the proffered out-of-court statements too unreliable and untrustworthy to be admissible as declarations against interest.
By By Judith Nallin
5 minute read
November 08, 2012 | New Jersey Law Journal
Smith v. Warden of Essex County JailAlthough petitioner has established ineffective assistance of counsel based on a failure to advise of the immigration consequences of his guilty plea, his petition for writ of habeas corpus must be dismissed.
By By Judith Nallin
5 minute read
November 15, 2012 | New Jersey Law Journal
Deutsche Bank National Trust Co. v. RussoDefendants' unexcused years-long delay in asserting plaintiff's lack of standing as a defense renders dismissal of the foreclosure action inappropriate.
By By Judith Nallin
5 minute read
July 11, 2013 | New Jersey Law Journal
Booker v. RiceDeeming the abstentions in the attempt to fill a city council vacancy to be "no" votes which created a tie that authorized the mayor to vote violated the council's procedural rules and rendered the appointment invalid.
By Judith Nallin
6 minute read
August 15, 2013 | New Jersey Law Journal
Waksal v. Director, Division of TaxationA worthless nonbusiness debt is not a disposition of property under N.J.S.A. 54:5-1c and that section does not incorporate into New Jersey law 26 U.S.C.A. § 166(d)(1)(B)'s approach to worthless nonbusiness debt losses.
By Judith Nallin
5 minute read
November 07, 2012 | New Jersey Law Journal
Democratic-Republican Organization of New Jersey v. GuadagnoThe New Jersey election laws governing the manner in which candidates are placed on the ballot and the slogans that may appear on the ballot do not violate the Equal Protection Clause or the First Amendment.
By By Judith Nallin
6 minute read
March 07, 2013 | New Jersey Law Journal
United Parcel Service General Services Co. v. DirectorThe Tax Court's abatement of late payment penalties on, and its determination that amnesty penalties were inapplicable to, plaintiffs' tax obligation on the intercompany transfers that the director deemed loans to which income must be imputed is affirmed.
By By Judith Nallin
6 minute read
July 19, 2012 | New Jersey Law Journal
Murray v. Plainfield Rescue SquadN.J.S.A. 26:2K-29 does not provide a rescue squad, as an entity, with immunity from liability.
By By Judith Nallin
5 minute read
July 05, 2013 | New Jersey Law Journal
Ruroede v. Borough of Hasbrouck HeightsIn conducting a de novo review of the municipal hearing in this noncivil service police disciplinary matter, the Law Division erred in failing to review the evidence to determine if it was sufficient to support the charges and in remanding the matter.
By Judith Nallin
5 minute read