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13 Oct 2010, 12:21 pm
The complaint for guardianship must be supported by affidavits of two physicians, or one physician and one psychologist, which discuss the results of an examination of the person that occurred within thirty days of the filing of the complaint and express an opinion and prognosis about the fitness of the alleged incapacitated person and her ability to govern herself or to manage her affairs. [read post]
27 Sep 2010, 5:26 am
Law Firm Leaders Express 'Guarded Optimism' About Business Outlook for 2011New York Law JournalWhen managing partners of law firms large and small gathered in the same room last week at Patterson Belknap Webb & Tyler, the inevitable question arose: Will business get any better? [read post]
31 Aug 2010, 6:55 am
The trial court enforced the settlement over the defendant’s objection, in part because it found that “the action and conduct of [defendant’s counsel] in this case bound [defendant] who permitted [his counsel] to be held out as having express or implied authority[.] [read post]
12 Aug 2010, 9:09 am
Essex County Improvement Auth., 404 N.J. [read post]
12 Aug 2010, 8:39 am
There need not be an express agreement to warrant imposition of an equitable lien; an equitable lien is an appropriate device to avoid unjust enrichment. [read post]
5 Aug 2010, 11:38 am
Under subsection (b), the child must be or appear to be no more than thirty days old, be left at the “emergency department of a licensed general hospital of this State,” and the parent must not express a desire to return for the child. [read post]
3 Aug 2010, 1:47 pm
Expressions of anger, without more, are not extreme or outrageous. [read post]
29 Jul 2010, 9:48 pm
In the August 2010 volume of The Colorado Lawyer, Ronald M. [read post]
27 Jul 2010, 9:55 am
Specific performance may be withheld “where the evidence reveals that, through mutual or unilateral mistake, the writing does not give expression to the common intention. [read post]
23 Jul 2010, 9:45 am
The Legislature has specifically expressed its intent in that regard through adoption of N.J.S.A. 2A:34-23a. . . . [read post]
21 Jul 2010, 8:43 am
In order for a surrender pursuant to N.J.S.A. 9:3-41(a) to be enforceable, a parent must knowingly and voluntarily express his or her understanding that custody of his or her child is relinquished and their parental rights are terminated in favor of the agency, which will effectuate the child’s adoption. [read post]
21 Jul 2010, 6:46 am
However, “the express policy of the [Tax Sale Law] is that it be liberally constructed so as to bar the right of redemption, not preserve it, the goal being that marketable titles to property be secured. [read post]
20 Jul 2010, 11:21 am
Except as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce or annulment, a divorce or annulment: (1) revokes any revocable: ….. [read post]
8 Jul 2010, 11:11 am
It is not appropriate merely because a litigant is dissatisfied with a decision of the court or wishes to reargue a motion, but should be utilized only for those cases which fall into that narrow corridor in which either 1) the Court has expressed its decision based upon a palpably incorrect or irrational basis, or 2) it is obvious that the Court either did not consider, or failed to appreciate the significance of probative, competent evidence. [read post]
8 Jul 2010, 7:49 am
However, the oral decision must have “the definitive adjudication of the controversy,” and must express the “conclusive determination” required by Parker, supra, 128 N.J. [read post]
6 Jul 2010, 11:29 pm
Essex County Council [2008] EWCA Civ 364, [2008] ELR 321 which is due soon. [read post]
29 Jun 2010, 7:56 am
The Legislature appears to have intended the guardian make all decisions with the consideration of the ward’s preferences and consent, where the same can be expressed and completely obtained. [read post]
28 Jun 2010, 10:14 am
Both ALJ Essex and the ITC agreed that it did not. [read post]
22 Jun 2010, 8:08 pm
The Rule expresses “a strong presumption favoring argument of motions other than calendar matters and routine discovery applications. [read post]
21 Jun 2010, 10:29 am
Moreover, the court is required to “consider what is written in the context of the circumstances at the time of drafting and to apply a rational meaning in keeping with the ‘expressed general purpose. [read post]
