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16 Jun 2010, 7:06 pm
The 29 defendants, listed on the attached chart by complaint, range in age from 27 to 77 and live in eight of New Jersey’s 21 counties—Essex, Bergen, Union, Hudson, Burlington, Monmouth, Morris and Passaic. [read post]
26 May 2010, 9:46 am
For example: [A]lthough a spouse cannot maintain the marital standard of living on the support payments received, this would not ordinarily warrant modification if it were shown that a single large cash payment made at the time of divorce was included with the express intention of meeting the rising cost of living. [read post]
18 May 2010, 9:15 am
Div. 1989) (“Obviously, a judge should not confer or meet with one party or attorney to the exclusion of the adversary unless there is express consent, or unless necessary or an aspect or matter having nothing to do with the merits or ultimate disposition of any issue. [read post]
13 May 2010, 12:51 pm
The preference of the children is only one factor to be taken into account in determining the best interests of the children, and those expressions are not controlling. [read post]
10 May 2010, 9:03 am
Our case law has underscored the importance of taking into account the custodial preferences of children who are mature and intelligent enough to express themselves. [read post]
5 May 2010, 8:41 am
Courts will generally decline to substitute new or different contractual provisions for those clearly expressed by the parties in their original agreement. [read post]
29 Apr 2010, 1:58 pm
In determining whether the third of these tests for admission of a hearsay statement under the business records exception has been satisfied, “the degree of complexity of the procedures utilized in formulating the conclusions expressed in the . . . report [is] critical. [read post]
28 Apr 2010, 5:29 pm
., A-5715-07T3 & A-0804-08T3, April 28, 2010: A property settlement agreement may be reformed if the negotiations leading up to the property settlement agreement suffered from unconscionability, fraud, overreaching, or because of “a common mistake, or mistake of one party accompanied by concealment of the other, [or] the agreement fails to express the real intent of the parties,” Miller v. [read post]
22 Apr 2010, 7:22 am
The protective mantle of confidentiality, essential to invocation of the privilege, is established upon an understanding, either express or implied, that the information or its sources will not be disclosed. [read post]
30 Mar 2010, 4:32 pm
Under the Rule, “[f]or a communication to be privileged it must initially be expressed by an individual in his capacity as a client in conjunction with seeking or receiving legal advice from the attorney in his capacity as such, with the expectation that its content remain confidential. [read post]
16 Mar 2010, 6:02 am
Defendant expressed no objection. [read post]
5 Mar 2010, 12:26 pm
Rand Express Lines, Inc., 66 N.J. [read post]
4 Mar 2010, 8:36 am
They come as prison staff express concern over growing sympathy for the British National party among colleagues. [read post]
4 Mar 2010, 7:09 am
In Kurzke, the Court expressed concern with the timing of such a motion, holding that “to grant a dismissal when discovery has not yet commenced or is in its early stages is premature. [read post]
25 Feb 2010, 8:58 am
“An agreement must be construed in the context of the circumstances under which it was entered into[,] and it must be accorded a rational meaning in keeping with the express general purpose. [read post]
24 Feb 2010, 12:41 pm
See Merchants Express Money Order Co. v. [read post]
19 Feb 2010, 2:08 pm
“An agreement must be construed in the context of the circumstances under which it was entered into[,] and it must be accorded a rational meaning in keeping with the express general purpose. [read post]
18 Feb 2010, 8:58 am
. __ (2010), A-28-09, February 18, 2010: The Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, is constitutional; substantially for the reasons expressed in the opinion below in Crespo v. [read post]
17 Feb 2010, 1:12 pm
New Massachusetts companies. [read post]
16 Feb 2010, 9:55 am
A decedent’s clearly expressed desire to be cremated should be respected. [read post]
