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Before determining that a party is entitled to equitable distribution of an asset simply because it was not included in a PSA, the judge is required to decide whether such a result is fair and just under all the circumstances
20 Oct 2010, 11:39 am by PaulKostro
Addesa v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Waiver is an equitable defenses, which is not available to those who come before a court of equity with unclean hands
19 Jan 2010, 9:21 am by PaulKostro
Knorr v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge has broad discretion in setting alimony and equitable distribution
2 Feb 2010, 8:40 am by PaulKostro
Law Lessons from JANICE MEKHAIL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is not a rule that in every case where a couple cohabits before marriage, all assets acquired during cohabitation must be treated as marital assets
7 Apr 2010, 8:51 am by PaulKostro
VERNOSE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appeals can only be taken from judgments and orders, not opinions
16 Jun 2010, 10:27 am by PaulKostro
ROGERS V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of unclean hands embraces the principle that a court should not grant equitable relief to a party who is a wrongdoer with respect to the subject matter of the suit
12 Aug 2010, 8:42 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The requesting party must show a strong need for the production of another party’s tax returns
29 Apr 2010, 9:00 am by PaulKostro
See Campione v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Courts have generally read the terms “arising out of” or “relating to” in a contract as indicative of an extremely broad agreement to arbitrate any dispute relating in any way to the contract
22 Dec 2010, 2:24 pm by PaulKostro
Morris, 194 N.J. 364, 375-76 (2008); Martindale v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Children of separated parents should be imbued with love and respect for both parents, and where children are in the custody of one parent, the court should endeavor to effect this facet of the children’s welfare by conferring reasonable rights of visitat
24 Nov 2010, 9:51 am by PaulKostro
Wilke v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Eleventh Circuit Notes Split Re Whether Laches May Bar Copyright Infringement Claim Filed within the Statute of Limitations
17 Sep 2008, 9:46 am
Morris Costumes, Inc., 243 F.3d 789, 798 (4th Cir.2001). [read post]
Split Circuits - http://splitcircuits.blogspot.com/
A trial court’s decision to terminate parental rights is subject to limited appellate review
7 Dec 2011, 10:15 am by PaulKostro
Ibid.; see also Cesare v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Laches is an equitable defense that may be interposed in the absence of the statute of limitations
6 Jan 2012, 9:08 am by PaulKostro
’” Cnty. of Morris, supra, 153 N.J. at 105 (quoting Dorchester Manor v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Remote Monitoring of Sex Offenders' Computer Use
4 Jul 2008, 8:09 am
Morris lives with his wife. [read post]
CYB3RCRIM3 - http://cyb3rcrim3.blogspot.com/
PA: Protective weapons search valid (but court equally divided)
12 Mar 2011, 9:38 pm
Commonwealth v. [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
From NYT to cvilleweekly
31 Jan 2009, 5:08 pm
Cir. 530 (Arlington 2001); Philip Morris Co. v. [read post]
SW Virginia law blog - http://swvalaw.blogspot.com/
In Short, No dismissal
16 May 2022, 3:55 am by Andrew Lavoott Bluestone
Co. v Morris Assoc., 200 AD2d 728, 730 [2d Dept 1994]; Jones v Archibald, 45 AD2d 532, 535 [4th Dept 1974]; accord Restatement [Third] of Agency § 7.01 [2006]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
A victim’s state-of-mind hearsay statements
13 Jun 2011, 12:45 pm by PaulKostro
Law Lessons from State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Use of a written statement to refresh one’s recollection
28 Mar 2011, 7:13 am by PaulKostro
Law Lessons from State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When an appellant’s notice of appeal only designates an order denying reconsideration, appellant is not entitled to review of the earlier order
2 Nov 2010, 10:33 am by PaulKostro
Compagna v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
RICO Extraterritoriality: The Second Circuit Weighs In
28 Sep 2010, 1:34 pm by John Elwood
Philip Morris, where the D.C. [read post]
The Volokh Conspiracy - http://volokh.com