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Applications to discover the identity of those posting anonymous messages on message boards maintained by Internet service providers
3 Aug 2010, 1:47 pm by PaulKostro
The Supreme Court set them forth in Buckley v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party to a settlement, who asserts a negligence claim against his former attorney, must establish the departure from the standard of care by specific facts
11 Aug 2010, 9:01 am by PaulKostro
Duane Morris, LLP, ___ N.J. ___ (2010) (slip op. at 18-22), the Court clarified the effect of settlement of litigation on a legal malpractice action arising out of the settled lawsuit. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
On a determination of abuse or neglect, the law allows agencies to file a complaint in the Superior Court seeking the termination of parental rights
22 Apr 2010, 9:11 am by PaulKostro
DIVISION OF YOUTH AND FAMILY SERVICES V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In determining whether a defendant’s conduct is likely to cause the required annoyance or alarm to the victim, that defendant’s past conduct toward the victim and the relationship’s history must be taken into account
14 May 2010, 9:59 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a pro se litigant is a law firm earning its income from the private practice of law, there is no reason why that firm should not be entitled to the recovery of attorney’s fees under the offer of judgment rule
2 Nov 2010, 12:23 pm by PaulKostro
The court restated that view in Port-O-San Corp. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorney fee awards are based in part on the hourly rate of the attorney, compated to the rates charged for similar services of attorneys in the community with comparable skill, experience, and reputation
1 Sep 2010, 8:58 am by PaulKostro
The Court in Perdue v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Even where the child’s income is temporary or insufficient to render the child economically self-sufficient and justify emancipation, such income might be enough to constitute a change in circumstances that warrants a reduction in child support
6 Aug 2009, 10:04 am
” County of Morris v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An order is distinguishable from a judgment
17 Aug 2010, 6:34 am by PaulKostro
Law Lessons from NATIONAL AMUSEMENTS, INC. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The three elements required to establish an inter vivos gift are (1) a donative intent on the part of the donor; (2) an actual or symbolic delivery of the subject matter of the gift; and (3) an absolute and irrevocable surrender by the donor of ownership
23 Mar 2010, 9:31 am by PaulKostro
See H.K. 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
Furst v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A claim is frivolous if no rational argument can be advanced in its support, when it is unsupported by any credible evidence, when a reasonable person could not have expected its success, or when it is completely untenable
23 Jul 2009, 6:02 am
Law Lessons from Khoury v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A defendant’s disability does not eliminate his duty to support the parties’ child
17 Aug 2010, 7:34 am by PaulKostro
” Mahoney v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An obligor who has selected a change in career, must establish that the benefits he or she derives from the career change substantially outweigh the disadvantages to the supported children
25 Aug 2010, 10:52 am by PaulKostro
Div. 1998) (noting that a court may consider the capacity to produce income when computing a child support obligation); Lynn v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the case of a closely-held corporation, valuation is particularly difficult because the corporation’s stock is not available on the public market
19 Aug 2009, 9:31 am
Bowen v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Gloucester County Schools: Va. Code Ann. §15.2-209 - a Lawyer's Notice
28 Feb 2009, 6:30 am
Morris, 275 Va. 319, 332 (2008). [read post]
Virginia Injury Attorney Blog - http://www.virginiainjuryattorneyblog.com/
There is rarely an easy answer or even an entirely satisfactory one when a noncustodial parent objects to a child’s relocation
7 May 2010, 9:20 am by PaulKostro
” Baures 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
An antenuptial agreement which would leave a spouse a public charge or close to it, or which would provide a standard of living far below that which was enjoyed both before and during the marriage would probably not be enforced by any court
31 Mar 2010, 2:54 pm by PaulKostro
HIEMSTRA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Legal vs. equitable cause of action
11 Mar 2010, 12:00 pm by PaulKostro
On the other hand, a claim of a fraudulent transfer, at common law, is commonly addressed by a court of equity, see Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Emancipation does not occur automatically by reason of the dependent child reaching the age of majority
30 Jul 2010, 12:13 pm by PaulKostro
Newburgh v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues