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Clear and convincing evidence is that which produces in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established, evidence so clear, direct and weighty and convincing as to enable the factfinder
4 Jun 2011, 5:43 am by PaulKostro
” In re Application of Boardwalk Regency Corp. for Casino License, 180 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
American Bar Assn's Section of Litigation Real Estate, Condemnation, and Trust Litigation Roundtable Materials
22 Aug 2019, 12:00 pm by Mark Murakami
Karan, 70 A.3d 524 (N.J. 2013) In re Stockton, Ninth Circuit Court of Appeals (Dec. 2018) Thanks to our speakers and we look forward to future ABA Section of Litigation Roundtables. [read post]
Hawaiioceanlaw.com - http://www.hawaiioceanlaw.com/hawaiioceanlaw/
E434: 2014 Wills and Estate Planning Seminar Materials NJ
6 Jan 2016, 6:36 am by Kenneth Vercammen Esq. Edison
Ostlund,391 N.J. [read post]
Wills and Estate Administration Articles - http://njwills.blogspot.com/
Spousal agreements and confidential relationships
2 Mar 2012, 1:07 pm by PaulKostro
” In re Estate of Fulper, 99 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appellate Division Rejects Judicial Review Upon Assertion of Good-Cause Defenses to an NJDEP Spill Act Directive Prior to Imposition of Direct Oversight
19 Jan 2023, 8:55 am by Andrew T. Alessandro
On January 9, 2023, the New Jersey Appellate Division issued its decision in In re N.J. [read post]
IP Law Alert - http://www.iplawalert.com
Appellate Division Rejects Judicial Review Upon Assertion of Good-Cause Defenses to an NJDEP Spill Act Directive Prior to Imposition of Direct Oversight
19 Jan 2023, 8:55 am by Andrew T. Alessandro
On January 9, 2023, the New Jersey Appellate Division issued its decision in In re N.J. [read post]
Real Property & Environmental Law Alert - http://www.rpelawalert.com/
Appellate Division Rejects Judicial Review Upon Assertion of Good-Cause Defenses to an NJDEP Spill Act Directive Prior to Imposition of Direct Oversight
19 Jan 2023, 8:55 am by Andrew T. Alessandro
On January 9, 2023, the New Jersey Appellate Division issued its decision in In re N.J. [read post]
Employment Law Alert - http://www.employmentlawalert.com
Absent circumstances requiring an executor to bring an action against the other executor, the executors are required to act in concert
20 May 2011, 9:45 am by PaulKostro
” In re Koretsky, supra, 8 N.J. at 524 (citing 2 SCOTT ON TRUSTS, § 184, p. 972). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A witness may not claim the Fifth Amendment privilege until the question is put
18 Mar 2012, 10:23 am by PaulKostro
’” In re Grand Jury Subpoenas, 241 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the probate context, an insane delusion which robs an individual of testamentary capacity is a false, fixed belief, based on supposed facts which exists only in the diseased imagination of the deluded person and persists despite indisputable evidence o
15 Mar 2011, 10:08 am by PaulKostro
In re Coffin’s Estate, 103 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
D.N.J.: Computer SW was limited to 2007 records, but search went way back; search violated the warrant when FBI failed to limit the keyword search
22 May 2012, 4:47 am
N.J. [read post]
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
Each Part of the Chancery Division has full authority — jurisdiction — to resolve equitable disputes
10 Nov 2011, 3:34 pm by PaulKostro
See R. 5:1-2(a); In re Estate of Roccamonte, supra, 174 N.J. at 398-99; Conforti v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party’s difficulty obtaining new counsel does not absolve him of the duty to comply with the Rules of Court, the discovery end dates established by court orders, and to pursue discovery
13 Apr 2011, 9:01 am by PaulKostro
See In re Estate of Schifftner, 385 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In order to recover damages based on legal malpractice, a plaintiff has the burden to show, by a preponderance of the evidence, that specific damages were sustained as a proximate result of a defendant’s wrongful conduct
10 Feb 2012, 2:49 pm by PaulKostro
Div. 2004) (citing In re Merritt Logan, Inc., 901 F.2d 349, 356 (3d Cir. 1990); Weiss v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Failure of will formation rigid formalities does not defeat a testator’s clear intent
16 Mar 2011, 9:47 am by PaulKostro
., 202 N.J. 145, 168 (N.J. 2010) (citing In re Seaman, 133 N.J. 67, 74 (1993). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Someone other than an heir may be appointed the administrator of an estate when the interests of the surviving spouse are in conflict with the best interests of others entitled to distribution of the estate
21 Mar 2012, 7:39 am by PaulKostro
See In re Estate of Di Bella, 372 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Courts will normally allow counsel fees to both proponent and contestant in a Will dispute
17 May 2012, 5:35 am by PaulKostro
[In re Bloomer, 37 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorney-client privilege
1 Sep 2012, 9:14 am by PaulKostro
In re Envtl. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Ademption by satisfaction
7 Dec 2010, 9:27 am by PaulKostro
’” [In re Estate of Payne, 186 N.J. 324, 335, (2006).] [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
New Jersey Tenants Afforded Greater Latitude Under "One Strike" Policy
31 Jan 2012, 6:36 am
Smith, 352 N.J. [read post]
New Jersey Real Estate Attorney Blog - http://www.newjerseyrealestateattorneyblog.com/