July 25, 2013 | New Jersey Law Journal
State v. LawlessFor purposes of N.J.S.A. 2C:44-1(a)(2), "victim" means a person directly harmed by the defendant in the exact offense of which he stands convicted — if he harms others but was not convicted of offenses against them, they are not victims under 2C:44-1(a)(2).
By Judith Nallin
6 minute read
February 13, 2013 | New Jersey Law Journal
Clark v. The Prudential Ins. Co. of AmericaIn this action alleging deception and bad faith, plaintiffs' motion for class certification is denied due to lack of commonality and predominance; Prudential's motion for summary judgment is granted as to two plaintiffs on statute-of-limitations grounds.
By By Judith Nallin
7 minute read
May 17, 2012 | New Jersey Law Journal
Seals v. County of MorrisNeither Contey nor N.J.S.A. 48:3-17.1 immunizes defendant-utility for any negligence in its choice of a location for an electric pole.
By By Judith Nallin
5 minute read
August 16, 2012 | New Jersey Law Journal
Castriotta v. Roxbury Twp. Bd. of EducationThe board's hearing to determine if petitioner should be censured was a "legal proceeding" under N.J.S.A. 18A:12-20 and she is entitled to indemnification and counsel fees under the statute.
By By Judith Nallin
5 minute read
June 07, 2012 | New Jersey Law Journal
House of Fire Christian Church v. Zoning Bd. of Adjust. of CliftonAdhering to the firm judicial policy against piecemeal appeals, the panel remands this interlocutory appeal for resolution of all issues as to all parties before appellate review.
By By Judith Nallin
4 minute read
September 13, 2012 | New Jersey Law Journal
State v. StasThe use of defendant's silence at the scene of an auto accident as substantive evidence of his guilt and to assess his credibility violated his Fifth Amendment, state statutory and common-law privilege against self-incrimination and was not harmless error.
By By Judith Nallin
5 minute read
June 14, 2012 | New Jersey Law Journal
Commissioner of Transportation v. Marlton Plaza AssociatesProof of value lost due to access modifications imposed in accordance with the Access Act cannot be considered in arriving at a just compensation award in a condemnation proceeding where reasonable access remains.
By By Judith Nallin
6 minute read
August 08, 2013 | New Jersey Law Journal
Hirsch v. Amper Financial ServicesAbsent an arbitration clause, intertwinement of claims and parties, by themselves, are insufficient to warrant application of equitable estoppel to compel arbitration.
By Judith Nallin
6 minute read
July 26, 2012 | New Jersey Law Journal
McGovern v. RutgersThe Rutgers' Board of Governors' notice of its special meeting did not comply with OPMA but its resolution regarding the closed session at that meeting was sufficient; the public body is not required to complete its open session before going into closed session.
By By Judith Nallin
6 minute read
August 15, 2013 | New Jersey Law Journal
Gnall v. GnallA 15-year marriage is not short-term, precluding consideration of an award of limited-duration alimony.
By Judith Nallin
6 minute read