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15 Jul 2010, 9:50 am by PaulKostro
., A-4136-07T1, July 14, 2010: To invoke the doctrine of collateral estoppel, a party must show that: (1) the issue to be precluded is identical to the issue decided in the prior proceeding; (2) the issue was actually litigated in the prior proceeding; (3) the court in the prior proceeding issued a final judgment on the merits; (4) the determination of the issue was essential to the prior judgment; and (5) the party against whom the doctrine is asserted was a party to or in privity with a… [read post]
30 Jul 2010, 10:14 am by PaulKostro
., A-3265-08T2, July 29, 2010: Rule 2:2-3(a)(1) provides in pertinent part that “appeals may be taken to the Appellate Division as of right from final judgments of the Superior Court trial divisions. [read post]
3 Jul 2019, 5:59 am
Posted by David Bixby and Paul Hudson, Pearl Meyer & Partners, LLC, on Wednesday, July 3, 2019 Editor's Note: David Bixby is managing director and Paul Hudson is principal at Pearl Meyer & Partners, LLC. [read post]
28 Apr 2023, 9:21 am by INFORRM
Arguing the case has involved the Sun’s counsel, Anthony Hudson, in some awkward contortions. [read post]
12 Jul 2010, 9:13 am by PaulKostro
., A-3080-08T3, July 12, 2010: The Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -33 (the Act) permits a victim to “file a complaint alleging the commission of an act of domestic violence with the Family Part. [read post]
20 Jul 2009, 5:11 am
(A-2208-08T2; Decided July 15, 2009): Picture by elvissa Generally, “[m]otions to disqualify [opposing counsel] are viewed with disfavor. [read post]
15 Jul 2010, 10:05 am by PaulKostro
., A-1286-09T3, July 15, 2010: Rule 4:50-1 provides that “[o]n motion, with briefs, and upon such terms as are just, the court may relieve a party or the party’s legal representative from a final judgment or order for . . . [read post]
23 Jul 2010, 9:38 am by PaulKostro
Div. 2010), A-6107-08, July 23, 2010: A complaint brought under the New Jersey Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35, and a criminal proceeding brought for the same conduct “are separate and distinct matters. [read post]
12 May 2016, 6:14 pm by Jason Rantanen
Griswold is a Consultant residing in Hudson, WI and was formerly President of and Chief Intellectual Property Counsel for 3M Innovative Properties Company. [read post]
9 Jul 2009, 9:37 am
(A-5714-07T3; Decided July 9, 2009): Picture by kozumel “Alimony and equitable distribution are separate yet interrelated and ultimately subject to an overriding sense of fairness. [read post]
10 Jul 2009, 8:26 am
(A-5095-07T1; Decided July 10, 2009): Picture by everfalling Whether a support “obligation should be modified based upon a claim of changed circumstances rests within a Family Part judge’s sound discretion. [read post]
22 Jul 2009, 2:04 pm
(A-3805-07T3; Decided July 21, 2009): Picture by eliazar The matter under review in this appeal turns on the issue whether plaintiff and defendant were in a dating relationship for purposes of the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to 35. [read post]
13 Jul 2009, 12:23 pm
(A-1339-07T2; Decided July 13, 2009): Picture by illuminating9_11 The mere fact of cohabitation does not warrant modification or termination of alimony; but, “once cohabitation has been shown the burden shifted to the defendant spouse to show that termination or modification is not warranted. [read post]
27 Jul 2009, 10:40 am
.; A-46-08; Decided July 27, 2009): Picture by Brooks Photography Congress passed two statutes in 1996, the Antiterrorism and Effective Death Penalty Act (AEDPA), 8 U.S.C.A. [read post]
8 Jul 2009, 4:52 am
(A-0161-08T3; Decided July 7, 2009): Picture by *_filippo_* N.J.S.A. 37:2-38 squarely places the burden of proof to set aside a premarital agreement upon “the party alleging the agreement to be unenforceable. [read post]