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Contract damages are designed to put the injured party in as good a position as he would have had if performance had been rendered as promised
12 Aug 2010, 9:06 am by PaulKostro
Summit MRI, Inc., 318 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of piercing the corporate veil, developed under the principles of corporate law, may be applied to limited liability companies
12 Aug 2010, 8:51 am by PaulKostro
Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An appellate court may not engage in an independent assessment of the evidence as if it were the court of first instance
12 Aug 2010, 8:25 am by PaulKostro
” Rova Farms Resort, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court has discretion to determine if expert testimony is admissible
12 Aug 2010, 8:22 am by PaulKostro
Law Lessons from RIVER VALE AT HOLIDAY FARMS CONDOMINIUM ASSOCIATION-APARTMENT SECTION, INC. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Consequential damages are those fairly and reasonably contemplated by the parties at the time of the execution of the contract
11 Aug 2010, 9:29 am by PaulKostro
Oil Delivery Inc., 216 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To warrant a punitive award, the defendant’s conduct must have been wantonly reckless or malicious
11 Aug 2010, 9:26 am by PaulKostro
., Inc., 108 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Ordinarily, in a breach-of-contract action, the court awards damages for the purposes of making the injured party whole
11 Aug 2010, 9:12 am by PaulKostro
US WATS, Inc., 238 F.3d 497, 512 (3d Cir. 2001)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party to a settlement, who asserts a negligence claim against his former attorney, must establish the departure from the standard of care by specific facts
11 Aug 2010, 9:01 am by PaulKostro
Div. 2008)] and [Prospect Rehabilitation Services, Inc. v.] [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The FAA’s clear authorization nullifies the specific prohibition of arbitration provisions in nursing home or assisted living facilities’ contracts
10 Aug 2010, 9:31 am by PaulKostro
Doctor’s Assocs., Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial courts have inherit discretionary power to award attorney’s fees and costs for failure to make discovery
9 Aug 2010, 6:02 am by PaulKostro
., Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A lawyer who has represented a client in a matter shall not thereafter represent another client in the same or substantially related matter in which that client’s interests are materially adverse to the interests of the former client
6 Aug 2010, 8:49 am by PaulKostro
Ries & Sons, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Applications to discover the identity of those posting anonymous messages on message boards maintained by Internet service providers
3 Aug 2010, 1:47 pm by PaulKostro
Immunomedics, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Courts faced with spoliation claims should strive to impose a remedy that will serve the ends of justice by creating a level playing field, by ensuring that the consequence of the lost evidence falls on the spoliator rather than on an innocent party, and
3 Aug 2010, 1:42 pm by PaulKostro
Robertet Flavors, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appeals are taken from orders and judgments, not from opinions
30 Jul 2010, 10:14 am by PaulKostro
Plainfield, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
H.B. 10-1394: New Law Governing Insurance Coverage for Construction Defect Claims
29 Jul 2010, 9:48 pm by David M. McLain
District Court opinions followed, two of which read General Security broadly as precluding coverage for, and any duty to defend arising from, property damage to the insured’s previously performed work arising from construction defects.14 Both of these cases, Greystone Construction, Inc. v. [read post]
Colorado Construction Litigation - http://hhmrlaw.blogspot.com/
Rescission of a contract is a remedy for a unilateral mistake under a narrow class of circumstances
27 Jul 2010, 9:55 am by PaulKostro
., INC. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The award of counsel fees under the LAD is discretionary
27 Jul 2010, 9:52 am by PaulKostro
UBS/PaineWebber, Inc., 373 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Respondent’s Registration of Domain Name Contrary to Complainant’s Instructions
26 Jul 2010, 2:32 am by gmlevine
See, e.g., ITMetrixx, Inc. v. [read post]
Domain Name Jurisprudence & Commentaries on UDRP Cases - http://udrpcommentaries.wordpress.com
When a parent is seeking to vacate a judgment of guardianship, the parent must present evidence of changed circumstances, and the best interests of the child must be considered
21 Jul 2010, 8:43 am by PaulKostro
Marinaro, 95 N.J. 380, 393 (1984); Manning Eng’g, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court does not have an obligation to warn a witness that his or her testimony may be self-incriminating
21 Jul 2010, 8:33 am by PaulKostro
Kobrin Sec., Inc., 213 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues