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An arbitrator may award reasonable attorney’s fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding
30 Nov 2010, 9:55 am by PaulKostro
RYBA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Once the moving party has established a prima facie showing of changed circumstances warranting relief, the court has the right to order full discovery regarding the financial circumstances of the other spouse
13 Jul 2010, 9:35 am by PaulKostro
” Isaacson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the appellate court is unable to detect an express rationale for an attorneys’ fees award, the appellate court must remand for a proper explanation of reasons
11 Dec 2011, 6:20 pm by PaulKostro
In Mani v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To be entitled to a hearing on whether a previously-approved support award should be modified, the party moving for the modification “bears the burden of making a prima facie showing of changed circumstances
8 Jul 2010, 10:53 am by PaulKostro
Harrington v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Collateral estoppel bars a party from relitigating any issue which was actually determined in a prior action
22 Apr 2010, 9:15 am by PaulKostro
[Olivieri v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Reconsideration is to be distinguished from the Family Part’s inherent equitable powers to modify provisions of prior orders based upon changed circumstances
15 Aug 2012, 7:44 am by PaulKostro
[Palombi v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Settlement agreements are contracts, and are governed by contract principles
5 May 2010, 8:41 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court may not enter an order compelling arbitration sua sponte or on the request of one party absent a statute or an agreement of the parties compelling resolution of the dispute in that manner
2 Oct 2009, 9:49 am
V. [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
Corp. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A motion for reconsideration is designed to seek review of an order based on the evidence before the court on the initial motion, not to serve as a vehicle to introduce new evidence in order to cure an inadequacy in the motion record
25 Oct 2010, 2:35 pm by PaulKostro
SUTER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Cohabitation creates a rebuttable presumption of changed circumstances shifting the burden to the dependent spouse to show that there is no actual economic benefit to the spouse or the cohabitant
28 Sep 2011, 12:54 pm by PaulKostro
In Crowe v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A gun purchaser has no reasonable expectation of privacy in the records of the gun dealer selling the gun
23 Jun 2007, 5:32 am
Harrison v. [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
Interfamily cash transfer, was it a loan or a gift
12 Apr 2010, 2:29 pm by PaulKostro
See Knauer v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although equity demands that spouses be afforded an opportunity to seek modification, the opportunity need not include a hearing when the material facts are not in genuine dispute
5 May 2011, 6:40 am by PaulKostro
RINDNER v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A decrease in the supporting spouse’s income is one form of changed circumstance that may warrant a modification of that spouse’s alimony obligation
9 Aug 2010, 8:26 am by PaulKostro
See Storey v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Limited dureation alimony; permanent alimony; and rehabilitative alimony
30 Jul 2010, 12:01 pm by PaulKostro
Cox v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial judge is not obligated to accept an expert’s opinion
28 Apr 2010, 5:03 pm by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court should defer any action on a motion for modification of child support filed by an obligor who has been sentenced to a lengthy period of incarceration and has no assets, and transfer the matter to the inactive calendar pending the obligor’s release
4 Mar 2010, 8:51 am by PaulKostro
Martinetti v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the alleged victim of domestic violence seeks a restraining order as the principal claim for relief, the right to trial by jury does not attach
19 Jun 2009, 1:39 pm
Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Texas Court Dismisses Widower’s Claims Against Driver’s Employer Based on Negligent Entrustment and Vicarious Liability – Martinez v. Arafa
10 Mar 2016, 1:48 pm by Earl Drott
Facts of the Case In the recent case of Martinez v. [read post]
Texas Injury Lawyer Blog - http://www.texasinjurylawyer-blog.com/