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Laches is an equitable principle applied to a party who, without explanation or excuse, delayed in asserting a claim now stale
14 Aug 2009, 3:53 am
Knorr v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To meet the burden of general acceptability, the proponent of the scientific evidence must prove that the technology is a non-experimental, demonstrable technique that the relevant scientific community widely, but perhaps not unanimously, accepts as relia
23 Jun 2010, 3:35 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
As the court divides a couple’s marital assets, it must also take into account the liabilities of the parties
10 May 2010, 9:12 am by PaulKostro
” Monte v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is appropriate for the trial judge to evaluate a claimed change in circumstances from the time the support obligation was last modified
24 May 2010, 7:49 am by PaulKostro
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them
21 Jun 2010, 10:29 am by PaulKostro
Dowdell v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial judge must determine what, if any, separate living accommodations a parent has in place specifically for the parties’ child, in order to ascertain whether use of the shared parenting worksheet is appropriate
5 Aug 2010, 11:30 am by PaulKostro
Law Lessons from LAURA LANDRE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Emancipation reflects a circumstance wherein a parent is relieved of an obligation to maintain custodial responsibility for the child
4 May 2010, 8:32 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Ordinarily, in a breach-of-contract action, the court awards damages for the purposes of making the injured party whole
11 Aug 2010, 9:12 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The application of laches to matters of child support and custody has been carefully circumscribed
25 May 2010, 8:10 am by PaulKostro
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although the Affidavit of Merit should be filed within sixty days of the filing of the answer, if the affidavit is provided within sixty-one to 120 days after the answer is filed, it will be deemed timely so long as leave to file is sought and good cause
29 Jun 2010, 8:05 am by PaulKostro
Paragon Contractors, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Joint Tortfeasors Contribution Law
17 Mar 2010, 9:16 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What is a Dating Relationship
26 Oct 2010, 10:07 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A litigant must initially demonstrate that the Court acted in an arbitrary, capricious, or unreasonable manner, before the Court should engage in the actual reconsideration process
8 Jul 2010, 11:11 am by PaulKostro
MICHAEL PALOMBI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An increase in a supporting spouse’s income is considered a changed circumstance
14 Oct 2010, 12:45 pm by PaulKostro
” Lepis 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
Post-judgment newly discovered evidence
29 Jun 2010, 8:31 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a civil proceeding, a statement made by a person unavailable as a witness because of death is not excluded by the hearsay rule if the statement was made in good faith upon declarant’s personal knowledge in circumstances indicating that it is trustworth
23 Jun 2010, 3:18 pm by PaulKostro
Estate of Nick Hanges v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
One person is in privity with another and is bound by and entitled to the benefits of a judgment as though he was a party when there is such an identification of interest between the two as to represent the same legal right
15 Jul 2010, 9:50 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where a course of performance is inconsistent with the language of an agreement, which one party claims to be erroneous, a court may look to the course of performance to determine the parties’ intent and understanding and construe and reform the
28 Oct 2009, 10:21 am
ROD V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Numerous parenting times with a child do not constitute joint physical custody; to constitute joint custody, each parent must exert joint legal and physical custody over the child
18 May 2010, 9:10 am by PaulKostro
[Pascale v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues