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A grant of summary judgment without more does not support a finding of bad faith by the losing party
26 Nov 2011, 10:11 am by PaulKostro
Ferolito v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
New York Employers: Engage in the Interactive Process Before Disciplining Medical Marijuana Users
12 May 2020, 2:48 pm by Nathaniel M. Glasser and Eric Emanuelson
In Gordon v. [read post]
Health Employment And Labor - http://www.healthemploymentandlabor.com/
If a support arrangement provided for the circumstances that are now alleged as changed, it would not ordinarily be equitable and fair to grant modification
2 Mar 2010, 2:52 pm by PaulKostro
Innes, 117 N.J. 496, 518 (1990) (stating a settlement agreement should be enforced by a trial court only to the extent it is equitable and just); Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
New York High Court Gives the Bronx Cheer to Insurers’ Pro Rata Allocation and Exhaustion Arguments
5 May 2016, 8:28 am by Benjamin D. Tievsky
In In re Viking Pump, Inc., New York’s Court of Appeals did not overrule its 2002 decision in Consolidated Edison Co. of New York v. [read post]
Policyholder Pulse - http://www.policyholderpulse.com/
In exercising its discretion as to the mode and scheduling of disposition of motions, the court shall ordinarily grant requests for oral argument on substantive and non-routine discovery motions and ordinarily deny requests for oral argument on calendar a
8 Jul 2010, 11:18 am by PaulKostro
MICHAEL PALOMBI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A CIS must be filed in all contested family actions, including those involving issues of child custody
23 Dec 2009, 9:49 am by PaulKostro
JONES V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Lost-Premium Damages under Merger Agreement – Proposed Amendment to the DGCL in Light of Crispo vs. Musk
23 May 2024, 2:52 pm by John Hempill and Karl Buhler
This is an issue that actually dates back to the seminal 2005 ruling of the United States Court of Appeals of the Second Circuit in Consolidated Edison, Inc. v. [read post]
Corporate Securities Law Blog - http://www.corporatesecuritieslawblog.com/
Courts daily approve divorce settlements upon the express finding that it does not pass upon the fairness or merits of the agreement, so long as the parties acknowledge that the agreement was reached voluntarily and is for them, at least, fair and equitab
8 Feb 2011, 9:25 am by PaulKostro
Addesa v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
SSI benefits cannot be garnished or attached for child support or alimony
9 Apr 2010, 8:50 am by PaulKostro
In Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of invited error operates to bar a disappointed litigant from arguing on appeal that an adverse decision below was the product of error, when that party urged the lower court to adopt the proposition now alleged to be error
31 Mar 2010, 3:05 pm by PaulKostro
As we stated in State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Defamation and the Internet
10 Mar 2010, 7:58 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Concealment and surprise are not to be tolerated in a modern judicial system
26 Feb 2010, 7:49 am by PaulKostro
” McKenney, supra, 167 N.J. at 370; see also United States v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties have agreed to provide for a child beyond what is legally required, courts must give due weight to the strong public policy favoring stability of consensual arrangements before freeing a parent from his or her contractual obligations
5 Mar 2010, 11:54 am by PaulKostro
” Dolce v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial judge must not only be impartial, he or she must also give the appearance of impartiality
13 May 2010, 1:19 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Facts which are neither of record, judicially noticeable, nor stipulated, that a party attempts to present by way of oral argument do not constitute cognizable facts
8 Jul 2010, 11:15 am by PaulKostro
MICHAEL PALOMBI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party seeking to set aside a settlement agreement generally has the burden of proving his incapacity or incompetence to contract or other extraordinary circumstance sufficient to vitiate the agreement
31 Aug 2010, 6:55 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
New York Law Journal Decisions of Interest August 20, 2007
20 Aug 2007, 1:51 am
Consolidated Edison Co. of New York Inc. [read post]
New York Supreme Court Criminal Term Library - http://crimlawlib.blogspot.com/
Parental autonomy includes the freedom to decide wrongly
2 Jul 2009, 4:56 am
Ed. 2d 158 (1968) (per curiam); State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Harassment does not automatically warrant the issuance of an FRO because the Act mandates that acts claimed by a plaintiff to be domestic violence must be evaluated in light of the previous history of violence between the parties including previous threat
24 Dec 2009, 6:29 am by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
[Eugene Volokh] Reed v. Town of Gilbert: an important First Amendment content discrimination case, to be heard by the Court this coming year
7 Jul 2014, 2:07 pm
” Similarly, Consolidated Edison Co. of N.Y. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/