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An abuse of discretion arises when a decision is made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis
13 Apr 2012, 7:51 am by PaulKostro
Essex Cnty. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A purpose to harass may be inferred from the evidence presented
22 Jun 2010, 8:13 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court in its discretion may appoint a psychologist to conduct an evaluation of a child’s best interests in a custody dispute whenever the court concludes that disposition of an issue will be assisted by an expert’s opinion
11 Feb 2010, 9:31 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Unilateral changes in health insurance
31 Dec 2010, 3:56 am
The record was equally supportive of the County’s argument that the past practice was to provide unit employees with a prescription drug plan with the lowest co-payment amounts available from MVP.The Appellate Division sustained PERB’s determination, pointing out that CSEA had burden of proof with respect to the preliminary factual issue -- the existence of the past practice it relied upon in its improper practice claim.Citing Essex County Local 816 v County of… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Cases for Fall 2011 Environmental Coverage Quarterly
16 Nov 2011, 6:56 am by Goldberg Segalla LLP
Peabody Essex Museum, Inc. v. [read post]
The Insurance and Reinsurance Report - http://insurancecoverage.typepad.com/insurance_and_reinsurance/
If a motion is based on facts not appearing of record, or not judicially noticeable, the court may hear it on affidavits made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify and
15 Jul 2010, 10:09 am by PaulKostro
Law Lessons from NELLY MARQUEZ V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The exercise of judicial discretion must have a factual underpinning and legal basis
15 Nov 2010, 1:18 pm by PaulKostro
Essex Cnty. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To be effective, an accord and satisfaction necessitates a finding that the party making the tender and the party accepting the tender each intends the acceptance to serve as full satisfaction of the entire disputed obligation
3 Mar 2010, 12:33 pm by PaulKostro
Glickfeld v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An arbitrator’s award should be vacated if it was procured through undue means
30 Nov 2010, 9:58 am by PaulKostro
RYBA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Article analyzes punitive damages decisions after Exxon Shipping v. Baker
28 Sep 2010, 2:08 pm by Curt Cutting
Vons (2009) [unpublished] [ratio reduced from 10-to-1 down to 1-to-1]; Essex Ins. v. [read post]
California Punitive Damages - http://calpunitives.blogspot.com/
In order to succeed, a litigant on a motion for reconsideration is required to establish that the court expressed its decision on a palpably incorrect or irrational basis, or did not properly consider probative, competent evidence
23 Nov 2011, 9:03 am by PaulKostro
Cummings v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The length of the marriage and the proper amount or duration of alimony do not correlate in any mathematical formula
9 Dec 2009, 8:40 am
JACKSON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The entire controversy doctrine requires litigants in a civil action to raise all affirmative claims arising from a single controversy that each party might have against another party, including counterclaims and cross-claims
2 Nov 2009, 7:48 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What is fraud?
27 Aug 2009, 5:03 pm
" Gennari v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties, in the PSA, had committed to contribute to college expenses, and where college choices were premised on minimizing cost, the failure to bring an application for college expenses before they are incurred may not be a very serious deficie
21 Dec 2009, 10:34 am by PaulKostro
” Gac v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Among the changed circumstances that warrant modification are a decrease in the supporting spouse’s income, as well as subsequent employment by the dependent spouse
18 Aug 2010, 10:21 am by PaulKostro
Stamberg v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Wait too long with DNA paternity testing and you may be stuck with child support
14 Oct 2009, 9:11 am
See Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a Domestic Violence defendant obtains evidence post-judgment that he claimes to be relevant to the charges against him, he can seek relief from the judgment
8 Jan 2010, 8:20 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the absence of contrary evidence, the valuation date for the sale of the former marital home should be the date of sale
3 Jun 2010, 8:39 am by PaulKostro
Pacifico v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Entertainment costs including lessons or instructions, hobbies, sports and recreational equipment and miscellaneous items such as supplies for education and cash contributions are already included in the guidelines
10 Dec 2010, 4:24 pm by PaulKostro
Law Lessons from CATHERINE BITSKO, n/k/a CATHERINE VAN BENSCHOTEN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues