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The Consumer Fraud Act is remedial legislation that should be construed liberally in favor of consumers
12 Sep 2012, 12:03 pm by PaulKostro
., Inc., 208 N.J. 114, 133 (2011). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Absent exceptional circumstances, no extension of the discovery period may be permitted after an arbitration or trial date is fixed
30 Aug 2012, 1:11 pm by PaulKostro
INDUSTRIAPLEX, INC., ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorney’s fees and discovery issues
15 Aug 2012, 7:56 am by PaulKostro
NATURAL FOOD IMPORT USA, INC., ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Promissory estoppel and equitable estoppel
7 Aug 2012, 2:58 am by PaulKostro
., Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The subject matter of some reports – e.g., psychological evaluations and a bonding evaluation – entailed the exercise of subjective judgment rather than a straightforward, simple diagnosis based upon objective criteria or one upon which reasonable profess
27 Jul 2012, 9:47 am by PaulKostro
Rite Aid, Inc., 289 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although a court that construes a document is obliged to consider all of the relevant evidence that will assist in determining the intent and meaning of the contract, extrinsic evidence should never be permitted to modify or curtail its terms
25 Jul 2012, 12:24 pm by PaulKostro
TALK MARKETING ENTERPRISES, INC., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Anticipatory repudiation
12 Jul 2012, 12:50 pm by PaulKostro
Linden Dari-Delite, Inc., 35 N.J. 329, 341 (1961) (citing 6 Corbin, Contracts, § 1253 (1951)); see also Nolan v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Actions for defamation and product disparagement
17 May 2012, 5:51 am by PaulKostro
Newspapers, Inc., v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
While the trial judge must determine whether the expert’s training and experience are sufficient to permit the expert to state an opinion, it remains the jury’s function to determine the worth of that opinion
17 May 2012, 5:41 am by PaulKostro
Rand Express Lines, Inc., 66 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Medical opinions in hospital records should not be admitted under the business records exception where the opponent will be deprived of an opportunity to cross-examine the declarant on a critical issue such as the basis for the diagnosis or cause of the c
17 May 2012, 5:38 am by PaulKostro
Rite Aid, Inc., 289 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The offer of judgment rule
8 Apr 2012, 9:11 am by PaulKostro
Kas Oriental Rugs, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a claim for transactional legal malpractice, where the suit within a suit method is untenable, there must be evidence to establish that the negligence was a substantial factor in bringing about the loss of a gain or benefit from the transaction
2 Apr 2012, 11:41 am by PaulKostro
., INC., ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When fee shifting is permissible, a court must ascertain the number of hours reasonably expended by the successful party’s counsel in the litigation, multiplied by a reasonable hourly rate
17 Mar 2012, 1:57 pm by PaulKostro
Litton Indus., Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Absent unconscionability, fraud, or overreaching in the negotiations of the settlement, no legal or equitable basis exists to reform the parties’ property settlement agreement
13 Mar 2012, 9:07 am by PaulKostro
Airlines, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is no brightline rule to distinguish the duration of temporary changed circumstances from those which are long-term
2 Mar 2012, 1:13 pm by PaulKostro
Cesare, 154 N.J. 394, 411-12 (1998) (citing Rova Farms Resort, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Applications to vacate a default judgment
2 Mar 2012, 12:48 pm by PaulKostro
DND/Fidoreo, Inc., 317 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Weekly Review of Workers' Compensation Cases
21 Feb 2012, 6:59 pm by moderator
Western Express, Inc.] [read post]
Tennessee Appellate Law Blog - http://www.tennesseeappellatelaw.com/
Emails exchanged between counsel may be construed as written modifications of an agreement’s provision intended to bind both parties
13 Feb 2012, 8:51 am by PaulKostro
Law Lessons from T & BEER, INC. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In order to recover damages based on legal malpractice, a plaintiff has the burden to show, by a preponderance of the evidence, that specific damages were sustained as a proximate result of a defendant’s wrongful conduct
10 Feb 2012, 2:49 pm by PaulKostro
Floors, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Obligations when a motion to dismiss with prejudice for discovery failures has been filed
23 Jan 2012, 8:32 am by PaulKostro
Coverings & Installation, Inc., 403 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues