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23 Apr 2010, 9:54 am by Joseph Aguilar
  The panel noted taking these extra precautionary steps gives the seller further security in the case of a buyer’s remorse. [read post]
22 Apr 2010, 9:11 am by PaulKostro
While DYFS has the burden of establishing abuse or neglect in a fact-finding hearing by a preponderance of the evidence, N.J.S.A. 9:6-8.46(b)(1), the burden of proof in a Title 30 termination case is the clear and convincing evidence standard. [read post]
21 Apr 2010, 9:35 am by PaulKostro
Ultimately, it is for the “trial court to determine whether or not joinder is appropriate in a given case, and thus litigants should be compelled to bring all actions at one time,” with the understanding that trial judges are empowered, once all claims are joined, “to segregate different claims to assure manageability, clarity and fairness. [read post]
21 Apr 2010, 8:23 am
There, of course, could be more complex relationships involving six degrees of separation.The Office of Court Administration views "six degrees" as applying up to and including persons who are second cousins of a judge.There is some case law concerning nepotism in employment situations as well. [read post]
20 Apr 2010, 9:34 am by PaulKostro
NOTE: My legal and mediation services are offered to Polish-speaking and other clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
20 Apr 2010, 7:32 am
(Although, I would like to think that that is not the case, given the special ethics requirements attached to the practice of law, and given some business limitations that attorneys face, e.g. [read post]
19 Apr 2010, 2:42 am by Andrew Lavoott Bluestone
In the latter case, the plaintiff appropriately responded with an expert affirmation of its own, one by Brian Shoot, an expert also in civil appellate advocacy. [read post]
18 Apr 2010, 12:14 pm by Rick Hills
Take, for instance, Glenn Beck's effort to appropriate Thomas Paine as the inspiration for Common Sense: The Case Against an Out-of-Control Government. [read post]
16 Apr 2010, 11:47 am by Kedar
Summum – Denied 3-Dec Philip Morris USA Inc. v. [read post]
16 Apr 2010, 7:42 am by Jonathan Marshall
In a potential case of drug DUI, a 19-year-old out-of-state woman was found by police to be in possession of possession of marijuana and drug paraphernalia following a routine traffic stop in the municipality of Madison, New Jersey. [read post]
15 Apr 2010, 9:08 am by PaulKostro
Accordingly, the examination of the scope of any arbitration provision must be on “a case-by-case basis. [read post]
15 Apr 2010, 8:59 am by PaulKostro
Sacharow, 177 N.J. 62, 80 (2003) (holding that in such cases, “the sole benchmark is the best interests of the child”); Wilke v. [read post]
15 Apr 2010, 8:51 am by PaulKostro
Div. 2010), A-1076-06T4 & A-1338-06T4, April 14, 2010: “Whether a parent or guardian has failed to exercise a minimum degree of care” in protecting a child is determined on a case-by-case basis and “analyzed in light of the dangers and risks associated with the situation. [read post]
14 Apr 2010, 10:57 am
" In re Morris, 127 F.3d 1048, 1055 (Fed. [read post]