Judith Nallin

August 29, 2013 | New Jersey Law Journal

One who texts from a location remote from a driver can be liable under the common law to persons injured because the driver was distracted by the text.

By Judith Nallin

6 minute read

July 11, 2013 | New Jersey Law Journal

The Truth-in-Consumer Contract, Warranty and Notice Act applies to tangible and intangible property and includes within its scope the discounted restaurant certificates sold by defendant online.

By Judith Nallin

6 minute read

May 24, 2012 | New Jersey Law Journal

The state's inadvertent interception and taping of an attorney-client telephone call results in suppression of the contents of the call and of all intercepted communications thereafter, but not in the dismissal of the indictment.

By By Judith Nallin

5 minute read

July 11, 2012 | New Jersey Law Journal

An applicant for expungement under N.J.S.A. 2C:52-2(a)(2) and (c)(3) has the burden of showing why his case warrants relief under the statute's public-interest prong.

By By Judith Nallin

6 minute read

March 06, 2013 | New Jersey Law Journal

The grant of unemployment benefits to a truck driver who was terminated because his poor driving record made him uninsurable was not unreasonable and is affirmed.

By By Judith Nallin

5 minute read

September 12, 2013 | New Jersey Law Journal

The reclassification of a Cape May County prosecutor's agent position to the classified service was an arbitrary and capricious administrative action that was manifestly unjust and is reversed.

By Judith Nallin

6 minute read

February 06, 2013 | New Jersey Law Journal

Because East Orange is not entitled to a relaxation of the statute of limitations, the Tax Court lacks subject-matter jurisdiction to decide if the challenged assessments are valid.

By By Judith Nallin

6 minute read

February 07, 2013 | New Jersey Law Journal

In a DUI prosecution, the trial court may not, without defendant's consent, rely on the evidence heard in a pretrial suppression hearing as proof of guilt in the trial on the merits.

By By Judith Nallin

5 minute read

April 17, 2013 | New Jersey Law Journal

If a proposed ordinance changes the classification of a zone, N.J.S.A. 40:55D-62.1 requires only identification of the zone affected by the change; identification of the specific impacted properties is required only when a change in boundaries is proposed.

By By Judith Nallin

6 minute read

January 31, 2013 | New Jersey Law Journal

To avoid being declared unconstitutional, N.J.S.A. 2C:16-1a(3) is construed to require proof of a defendant's biased intent in committing the underlying crime.

By By Judith Nallin

6 minute read