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The exercise of judicial discretion must have a factual underpinning and legal basis
15 Nov 2010, 1:18 pm by PaulKostro
[Cosme v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Fourth District: Fundamental Error
30 Jan 2007, 5:36 am
See Phillip Morris, Inc. v. [read post]
Abstract Appeal - http://www.abstractappeal.com/
Once a conflict of interest is determined to exist, the appropriate remedy is disqualification of the attorney
20 Jul 2009, 5:11 am
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of undue influence
10 Aug 2010, 9:18 am by PaulKostro
Div. 1999)(citing Bronson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Non-Existant Discovery Statute of Limitations in Legal Malpractice
18 Feb 2011, 3:51 am by Andrew Lavoott Bluestone
Eisenstein, D uane Morris LLP v. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
If the trial judge misconceives the applicable law or misapplies it, the exercise of legal discretion lacks a foundation and becomes an arbitrary act
25 Feb 2010, 8:55 am by PaulKostro
Chestone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If probate is refused, the court may make an allowance to be paid out of the estate of the decedent; if the probate is granted, and it shall appear that the contestant had reasonable cause for contesting the validity of the will or codicil, the court may
9 Mar 2010, 8:11 am by PaulKostro
Law Lessons from IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF GABRIELA SIPKO, DECEASED, App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for rehearing or reconsideration
23 Jul 2010, 9:53 am by PaulKostro
Law Lessons from SHERYL DENICOLA, n/k/a SHERYL HYER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The decision to appoint a guardian ad litem is left to the court’s reasonable exercise of discretion, when special circumstances arise
27 Oct 2010, 9:42 am by PaulKostro
Law Lessons from IN THE MATTER OF EDWIN O. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Revocation of a Will
2 Jun 2011, 1:05 pm by PaulKostro
Div. 1985); Collard v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
California’s No-Cash-Payment-of-Taxes Policy: Is It Getting Away With Something?
27 Feb 2019, 5:01 am by James Edward Maule
Scrap Recyclers Ass’s v. [read post]
MauledAgain - http://mauledagain.blogspot.com/
Partial Class Certification and Bifurcation: Florida Supreme Court Addresses Preclusive Effect of Class Trial in Engle Litigation
26 Mar 2013, 7:25 am by Wystan M. Ackerman
  The Philip Morris v. [read post]
Insurance Class Actions Insider - http://www.insuranceclassactions.com/
The law recognizes a presumption that mail properly addressed, stamped, and posted was received by the party to whom it was addressed
5 Apr 2010, 2:27 pm by PaulKostro
TRIFFIN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The general rule is that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence
3 Feb 2010, 7:34 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Third Circuit Predicts Pennsylvania Supreme Court Would Require Independently Actionable Conduct To Prove Tortious Interference With Contractual Relationships
25 Mar 2009, 5:09 am
See Gilbert v. [read post]
Litigation and Trial - Max Kennerly - http://www.litigationandtrial.com/
Oral argument
20 Oct 2010, 11:36 am by PaulKostro
Law Lessons from LORIE WHISSELL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a parent is seeking to vacate a judgment of guardianship, the parent must present evidence of changed circumstances, and the best interests of the child must be considered
21 Jul 2010, 8:43 am by PaulKostro
IN THE MATTER OF THE GUARDIANSHIP OF R.V., __ N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law does not permit the Division to embark on a course set for termination of parental rights and adoption by a foster parent without at least first exploring available relative placements.
7 May 2011, 3:05 am by PaulKostro
K.L.W. and P.L.J.; IN THE MATTER OF THE GUARDIANSHIP OF K.K.W., Minor, __ N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where DYFS fails to prove all prongs of the best interests of the child standard, any psychological or emotional harm a child may suffer as a result of the breaking of the bond between the child and his or her foster parents cannot, in and of itself, serv
11 Jun 2010, 10:57 am by PaulKostro
IN THE MATTER OF THE GUARDIANSHIP OF S.M., __ N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
For there to be a waiver of arbitration rights, a party must know of the right and affirmatively state the intent to waive the right
3 Dec 2009, 6:18 am
Morris, 194 N.J. 364, 375-76 (2008); Martindale v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues