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2 Nov 2011, 9:59 am
Rule 5:3-5(c) requires the judge, when awarding such fees, to consider the following factors: (1) the financial circumstances of the parties; (2) the ability of the parties to pay for their own fees or to contribute to the fees of the other party; (3) the reasonableness and good faith of the positions advanced by the parties both during and prior to trial; (4) the extent of the fees incurred by both parties; (5) any fees previously… [read post]
24 Oct 2010, 11:14 am
District Court: Who The Winner Is May Be A Secret"–-Parts 1, 2, 3, all linked here. [read post]
31 Oct 2014, 12:15 pm
Superior Court of Sacramento County (Center for Investigative Reporting, Real Party in Interest) (justice pro tempore to be assigned)(2) S201116 Berkeley Hillside Preservation et al. v. [read post]
7 Mar 2011, 5:54 am
The Juvenile Court stated that it had to alternatives (1) to dismiss the petition and require the state to refile, or (2) allow both parties the opportunity to put on additional evidence. [read post]
21 Sep 2011, 11:46 pm
See Zeran v. [read post]
10 Dec 2019, 6:03 am
Consider Libertarian Party of Virginia v. [read post]
10 Aug 2011, 3:10 pm
Rule 5:5-4(a), governing motions in the Family Part, is subject to Rule 1:6-2, and provides that “the court shall ordinarily grant requests for oral argument on substantive . . . motions. [read post]
27 Apr 2017, 4:27 am
In Keane v. [read post]
11 May 2021, 8:54 am
However, the RPBA seems to only impose constraints on late-file submissions by parties, as does Art. 114(2) EPC, and not by third parties. [read post]
1 Aug 2014, 4:00 am
County awarded attorney fees and costs as the prevailing party in a civil rights actionCarter v Village of Ocean Beach, USCA, 2nd Circuit, #13,815Plaintiffs, former seasonal and part-time police officers of the Village of Ocean Beach, sued the Village and County and various officers and employees of those entities alleging multiple wrongful termination and defamation. [read post]
31 Aug 2013, 4:43 am
P. 65(d)(2)(C) and avoid the ordinary rule that non-parties are not subject to court injunctions. [read post]
15 Jan 2010, 1:20 am
Practitioners should note that, with a services contract, there may be liability to a third party where (1) the contracting party negligently launches an instrument of harm; (2) there is detrimental reliance on continued performance; or (3) the contracting party has entirely assumed the duty to safely maintain the premises. [read post]
1 May 2016, 7:02 am
In Popack v. [read post]
11 Sep 2012, 3:30 am
It took nearly three years from the date of the mediation agreement for a resolution in this case. 1 Instant Replay Sports, Inc. v. [read post]
6 Sep 2022, 6:33 am
Kowal v. [read post]
15 Jun 2019, 12:21 am
"One cannot be held liable under a contract to which he or she is not a party" (Victory State Bank v EMBA Hylan, LLC, 169 AD3d 963, 965; see Maki v Travelers Cos., Inc., 145 AD3d 1228, 1230; 1911 Richmond Ave. [read post]
8 Apr 2012, 9:05 am
., v. [read post]
3 Nov 2022, 11:58 am
FBI (D.D.C.) -- finding that: (1) FBI performed adequate search concerning plaintiff notwithstanding agency’s decision not to search database identified by plaintiff; and (2) FBI properly relied on Exemption 7(C) to withhold names and identifying information of third parties of investigative interest. [read post]
18 Apr 2012, 7:42 am
P. 37(b)(2)(A)(v) (authorizing dismissal for failure to obey a scheduling or pretrial order) for alleged failure to identify third party direct infringers because the local rules contain no such requirement. [read post]
20 Jan 2014, 5:00 am
On Appeal: In a 2-1 decision, the Court of Appeals affirmed the trial court. [read post]
