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When the alleged victim of domestic violence seeks a restraining order as the principal claim for relief, the right to trial by jury does not attach
19 Jun 2009, 1:39 pm
State Bar Ass’n v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is inappropriate, when restraints are civilly required, for a Family Part judge to rely on restraints issued in a parallel criminal proceeding
23 Jul 2010, 9:38 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Year-End Pennsylvania Civil Litigation Reveiw Article
12 Dec 2014, 12:21 pm by Daniel E. Cummins
   In contrast, in a recent Luzerne County decision in the case of Gugliotti v. [read post]
Tort Talk - http://www.torttalk.com/
Year-End Pennsylvania Civil Litigation Review Article
12 Dec 2014, 6:00 am by Daniel E. Cummins
   In contrast, in a recent Luzerne County decision in the case of Gugliotti v. [read post]
Tort Talk - http://www.torttalk.com/
The equitable authority of courts to modify property settlement agreements is well established
23 Aug 2010, 2:26 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
School District held not a party to the long-term disability insurance policy issued by the insurer covering certain District employees
15 Jun 2019, 12:21 am by Public Employment Law Press
Corp. v Hudson Group Constr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Motion for sanctions shall be filed with the court no later than 20 days following the entry of final judgment; however, the motion may be filed prior to the entry of final judgment
25 Aug 2010, 10:35 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [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
Improvement Auth. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the child’s biological parent resists termination of parental rights, it is the court’s function to decide whether the parent can raise the child without causing harm
25 Oct 2010, 2:31 pm by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Interference with custody and parenting time may immediately and irreparably impact the best interests of a child and often represent classic cases necessitating court review
3 Feb 2010, 1:02 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The imposition of sanctions may be appropriate where the attorney files a pleading or a motion with an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, or by asserting a claim or defense tha
23 Aug 2010, 2:17 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equitable distribution is inapplicable in a matter involving unmarried parties, despite the extent of their cohabitation; however, joint venturers are entitled to seek a partition of their property when their joint enterprise comes to an end, irrespective
27 Aug 2010, 10:41 am by PaulKostro
Aronow 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
Somerset County Welfare Bd., 158 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
New Jersey case law strictly limits the circumstances where the trial court may modify, correct or vacate an arbitration award
13 Apr 2011, 9:58 am by PaulKostro
The State Supreme Court set forth the standard of review in Tretina v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
At a minimum, due process requires that a party in a judicial hearing receive notice defining the issues and an adequate opportunity to prepare and respond
29 Apr 2010, 1:58 pm by PaulKostro
’” M.C., III, supra, ___ N.J. at ___ (slip op. at 25) (quoting State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court retains the power and authority to review the fairness of a retainer agreement and the reasonableness of the fee charged
2 Oct 2009, 9:33 am
McCOURT 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
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
In custody cases, the court must focus on the safety, happiness, physical, mental and moral welfare of the children
9 Jul 2009, 8:49 am
Div. 2007), the court stated: In custody cases, it is well settled that the court’s primary consideration is the best interests of the children. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If New Jersey was the children’s home state at the time of the initial custody determination, the court must consider whether, during the time between the initial order and the filing of the motion for modification, circumstances have changed so
11 Aug 2009, 9:42 am
Griffith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues