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An appellate court may not engage in an independent assessment of the evidence as if it were the court of first instance
12 Aug 2010, 8:25 am by PaulKostro
Adams, 194 N.J. 186, 203 (2008)); accord State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is inappropriate, when restraints are civilly required, for a Family Part judge to rely on restraints issued in a parallel criminal proceeding
23 Jul 2010, 9:38 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court in its discretion may appoint a psychologist to conduct an evaluation of a child’s best interests in a custody dispute whenever the court concludes that disposition of an issue will be assisted by an expert’s opinion
11 Feb 2010, 9:31 am by PaulKostro
’” United States v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The adverse inference charge, also known as the Clawans charge, is available when a party does not call to the stand a witness that the party has the power to produce and whose testimony would be superior to testimony presented at trial
3 May 2010, 1:56 pm by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Possessing a financial interest in the outcome of the litigation is ordinarily sufficient to confer standing
23 Jul 2010, 9:24 am by PaulKostro
State Chamber of Commerce v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
CAFC affirms PTAB in In re Gee; KSR cited
9 Jun 2015, 6:34 am by Lawrence B. Ebert
Edison Co. v. [read post]
IPBiz - http://ipbiz.blogspot.com/
CAFC tackles "covered business method" patents in SecureAxcess
22 Feb 2017, 5:47 pm by Lawrence B. Ebert
In SecureAxcess v. [read post]
IPBiz - http://ipbiz.blogspot.com/
Tsai's bicycle rack unhitched by CAFC
1 Dec 2020, 8:54 am by Lawrence B. Ebert
Edison Vo. v. [read post]
IPBiz - http://ipbiz.blogspot.com/
Significance of Comma Placement, Word Selection, and Grammar Rules in the Legal World
12 Dec 2023, 3:10 pm by Stephen D. Richman
Ohio Edison Company Closer to home, the Ohio Supreme Court in Corder v. [read post]
KJK Legal News & Insights - https://kjk.com/news-insights/
Drawing the line between acts that constitute harassment for purposes of issuing a domestic violence restraining order and those that fall instead into the category of ordinary domestic contretemps presents our courts with a weighty responsibility and con
18 Aug 2012, 4:04 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Judicial estoppel prevents litigants from playing fast and loose with, or otherwise manipulating, the judicial process
4 Mar 2010, 7:18 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Termination of day care expenses cannot be used as a basis to modify retroactively arrearages which already accrued under a child support order
24 Sep 2009, 9:05 am
In Keegan v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Petition of the day
1 Aug 2012, 8:34 pm by Ben Cheng
The petition of the day is: Metropolitan Edison Co. v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Testing results on Barry Bonds' urine and blood samples thrown out, but did Ninth Circuit and prosecutors misunderstand the evidentiary issue?
15 Jun 2010, 12:30 pm by Alain Leibman
E.g., United States v. [read post]
White Collar Defense and Compliance - http://whitecollarcrime.foxrothschild.com/
An expert’s report must include the expert’s opinion, as well as the facts and data relied upon in forming that opinion
11 May 2011, 9:24 am by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Discredited testimony is not considered a sufficient basis for drawing a contrary conclusion
14 Sep 2009, 2:49 pm
Consumers Union of United States, Inc., 466 U.S. 485, 512 (1984) (citation omitted); see also Eckenrode v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A litigant must initially demonstrate that the Court acted in an arbitrary, capricious, or unreasonable manner, before the Court should engage in the actual reconsideration process
8 Jul 2010, 11:11 am by PaulKostro
MICHAEL PALOMBI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
PTAB reversed in Hulu matter: To bar Hulu from pressing an argument it raised in a ground the Board found “redundant” and that it expressly incorporated into other proposed grounds of unpatentability on which the Board instituted would not only unfairly prejudice Hulu, ...
5 Dec 2017, 8:53 am by Lawrence B. Ebert
Edison Co. of N.Y. v.NLRB, 305 U.S. 197, 229 (1938)). [read post]
IPBiz - http://ipbiz.blogspot.com/
Absent exceptional circumstances, no extension of the discovery period may be permitted after an arbitration or trial date is fixed
30 Aug 2012, 1:11 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Polar Vortex and Reasonable Care to Maintain Heat
4 Feb 2019, 8:12 am
Grp., LLC v. [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/