Judith Nallin

September 19, 2013 | New Jersey Law Journal

When an auto insurance policy is retroactively voided ab initio because of a fraudulent application, an innocent third party is entitled to the mandatory minimum coverage mandated by N.J.S.A. 39:6A-3.

By Judith Nallin

5 minute read

January 24, 2013 | New Jersey Law Journal

Indigents mounting a defense or presenting allegations of domestic violence are not entitled to appointed counsel.

By By Judith Nallin

5 minute read

June 27, 2013 | New Jersey Law Journal

In this personal-injury action, plaintiff cannot introduce evidence of a Social Security Administration determination that she is disabled and unable to work.

By Judith Nallin

5 minute read

June 13, 2013 | New Jersey Law Journal

Because the caretaker parents were given erroneous information regarding the availability of kinship legal guardianship, the termination of parental rights proceedings must be remanded to correct the error and determine their willingness to adopt rather than agree to kinship legal guardianship.

By Judith Nallin

6 minute read

August 22, 2013 | New Jersey Law Journal

The majority of the Appellate Division erred in exercising its original jurisdiction to address the second prong of the Manson/Madison test, which had not been considered at the Wade hearing; the matter is remanded for a new Wade hearing.

By By Judith Nallin

5 minute read

June 07, 2012 | New Jersey Law Journal

Where DYFS proceeded initially under Titles 9 and 30, the dismissal of the Title 9 action due to a finding of no abuse or neglect required a hearing, on adequate notice to the parent, as to whether an order of care and supervision should be entered under Title 30.

By By Judith Nallin

5 minute read

July 11, 2013 | New Jersey Law Journal

Because there is clear evidence that the FDA would not have approved a stronger warning to the precautions section of the Fosamax label prior to plaintiff's fracture, plaintiffs' failure-to-warn action is pre-empted.

By Judith Nallin

5 minute read

June 06, 2012 | New Jersey Law Journal

Before appointing a discovery master in actions brought under the Law Against Discrimination and the Conscientious Employee Protection Act, the trial judge must consider the consequent financial burden to the litigants, who often have limited resources.

By By Judith Nallin

5 minute read

August 22, 2013 | New Jersey Law Journal

Going forward, a settlement that is reached at mediation but not reduced to a signed written agreement will not be enforceable.

By By Judith Nallin

6 minute read

July 05, 2012 | New Jersey Law Journal

Law Division judges have the authority to determine if there is an agreement to arbitrate and, in the absence of an agreement, to interpret FINRA's customer and industry codes to determine if a party can be compelled to arbitrate.

By By Judith Nallin

5 minute read