Judith Nallin

November 21, 2013 | New Jersey Law Journal

Plaintiff's federal securities class action was properly dismissed for failure to satisfy the heightened scienter pleading standard of the Private Securities Litigation Reform Act.

By Judith Nallin

6 minute read

November 07, 2013 | New Jersey Law Journal

The holder of a subsequent mortgage can pursue a quiet-title action regarding whether the holder of a prior valid mortgage has the right to foreclose on it since there is a legitimate question regarding the validity of its assignment.

By Judith Nallin

5 minute read

November 06, 2013 | New Jersey Law Journal

The Division of Taxation is entitled to seek repayment of gross income tax refunds erroneously paid to nonresident plaintiffs because the error was purely clerical.

By Judith Nallin

6 minute read

November 06, 2013 | New Jersey Law Journal

A borough is not entitled to dismissal of an assessment appeal for failure to respond to a Chapter 91 request if it did not included an exact copy of N.J.S.A. 54:4-34 with its request.

By Judith Nallin

4 minute read

October 31, 2013 | New Jersey Law Journal

Plaintiff's interactions with two New Jersey business entities establish sufficient minimum contacts to meet the requirement of presence-based nexus with New Jersey and it therefore is required to file Corporate Business Tax returns and pay CBT taxes.

By Judith Nallin

6 minute read

October 31, 2013 | New Jersey Law Journal

The single, bright-line remedy established by Gilmore is modified to give trial judges more flexibility in fashioning a remedy to address the constitutionally impermissible use of peremptory challenges.

By Judith Nallin

6 minute read

October 24, 2013 | New Jersey Law Journal

Based on the record adduced at trial, the income approach is the most reliable method to determine the true market value of the Borgata casino-hotel property; its application entitles plaintiff to a significant reduction in the assessments for 2009 and 2010.

By Judith Nallin

6 minute read

September 12, 2013 | New Jersey Law Journal

The trial court's failure, after denying defendant's motion to adjourn his sentencing, to address defense counsel's expressed conflict issue before proceeding with sentencing requires vacation of the sentence and a remand.

By Judith Nallin

4 minute read

January 30, 2013 | New Jersey Law Journal

The decedent's property in Thailand must be included in her augmented estate to calculate her surviving spouse's elective share under her New Jersey will.

By By Judith Nallin

4 minute read

September 20, 2012 | New Jersey Law Journal

The trial judge relied on inadequate considerations and abused his discretion in denying defendant's tardy request to testify at his trial.

By By Judith Nallin

4 minute read