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Cannabis Legislation Enacted in NJ
22 Feb 2021, 5:38 pm by Jon L. Gelman
Hager v. [read post]
Workers' Compensation - http://workers-compensation.blogspot.com/
Medical Marijuana and the Supremacy Clause
21 Jan 2020, 7:32 am by Jon L. Gelman
Super.___, ___ A3d _____, 2020 WL 218390 (NJ App Div. 2020). 6 NJ has recognized the conflict preemption. [read post]
Workers' Compensation - http://workers-compensation.blogspot.com/
A parent’s conduct must be evaluated in context based on the risks posed by the situation
28 Aug 2012, 9:38 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
At the conclusion of the Division’s proofs, the parent is entitled to move for a dismissal of the action or of any claim on the ground that upon the facts and upon the law the Division has shown no right to relief
28 Aug 2012, 9:35 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Once the Division has established a prima facie case of abuse or neglect, the burden of proof shifts to the parent to exculpate herself
28 Aug 2012, 9:32 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When an expert is not produced as a witness, his or her expert opinion must be excluded, even if contained in a business record, unless the trial judge makes specific findings regarding trustworthiness
27 Jul 2012, 9:43 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In most default cases, the matter should proceed to a plenary hearing where defendants’ counsel and the law guardian shall have an opportunity to cross-examine DYFS’s witnesses
27 Jul 2012, 9:40 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Failures to file responsive pleadings or to appear when required to litigate the matter are straightforward examples of when default is properly entered
27 Jul 2012, 9:37 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The State must provide the parents with fundamentally fair procedures before a parent’s rights are terminated
27 Jul 2012, 9:35 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Principles of personal jurisdiction apply to matrimonial litigation in which a plaintiff seeks to impose affirmative duties on a defendant
3 Jul 2012, 8:16 am by PaulKostro
See also Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Generally, a trial court should not grant summary judgment when discovery on material issues is incomplete
15 Jun 2012, 2:30 pm by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A relationship between a child and parent should be curtailed by the court only when in the child’s best interests and not as a means to punish a parent or coerce a parent’s compliance with a court order
23 May 2012, 9:52 am by PaulKostro
Div. 1993) (Kestin, J., concurring)); see also New Jersey Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Kinship legal guardianship, as an alternative to termination of parental rights, may be considered only when adoption is neither feasible nor likely and kinship legal guardianship is in the child’s best interests
14 May 2012, 3:46 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In addition to paternity testing, fatherhood may be demonstrated through a psychological relationship
14 May 2012, 3:44 am by PaulKostro
Law Lessons from NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Terminating parental rights without any compensating benefit, such as adoption, may do great harm to the child
14 May 2012, 3:40 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parents’ rights to a relationship with a child are balanced against the State’s responsibility to protect the welfare of children
16 Dec 2011, 1:53 pm by PaulKostro
Div. of Youth and Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court’s decision to terminate parental rights is subject to limited appellate review
7 Dec 2011, 10:15 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law permits the Division to immediately remove a child from his or her parent’s care when there is an imminent danger to the child’s life, safety or health, prior to applying for a court order
29 Nov 2011, 2:56 pm by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A motion judge should not permit attorneys to make material factual representations in lieu of sworn testimony from witnesses or other competent evidence
19 Nov 2011, 7:54 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Witnessing domestic violence may cause emotional harm to a child but such a conclusion is not to be assumed
15 Nov 2011, 5:39 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues