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The entire controversy doctrine does not apply to bar component claims that are unknown, unarisen, or unaccrued at the time of the original action
21 Apr 2010, 9:35 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorney affidavits or certifications that are not based on personal knowledge constitute objectionable hearsay
21 Apr 2010, 9:32 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A pleading may, as a general matter, be viewed as an admission; however, a pleader’s conclusions of law are not admissions of facts
21 Apr 2010, 9:29 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party seeking modification has the burden of demonstrating a change in circumstances warranting relief from the support or maintenance obligations
21 Apr 2010, 9:25 am by PaulKostro
TIGER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
While a custody determination under the UCCJEA includes any judicial ruling related to physical custody and visitation, it does not include issues of support
20 Apr 2010, 9:34 am by PaulKostro
” Griffith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence which are not even alleged in the complaint
16 Apr 2010, 9:18 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An individual act previously rejected as insufficient to constitute domestic violence may take on greater significance because the prior act is later repeated in a manner that may amount to a course of conduct prohibited by the Domestic Violence Act
16 Apr 2010, 9:15 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The mere passage of months does not amount to changed circumstances, although, as children grow older, the parameters of parenting time may change
15 Apr 2010, 9:12 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
CFA claims may be the subject of arbitration and need not be exclusively presented in a judicial forum
15 Apr 2010, 9:08 am by PaulKostro
CURTIS V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The best interests of the child standard also applies to decisions regarding parenting time and visitation
15 Apr 2010, 8:59 am by PaulKostro
Hand v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Stipulations made by attorneys when acting within the scope of their authority are enforceable against their clients
15 Apr 2010, 8:55 am by PaulKostro
Advocate v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Whether a parent or guardian has failed to exercise a minimum degree of care in protecting a child is determined on a case-by-case basis and analyzed in light of the dangers and risks associated with the situation
15 Apr 2010, 8:51 am by PaulKostro
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fact-finding hearing is a critical element of the abuse and neglect process; the judge’s determination, therefore, must be based on competent reliable evidence
14 Apr 2010, 6:55 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Unless an attorney is specifically authorized by the client to settle a case, the consent of the client is necessary
13 Apr 2010, 8:53 am by PaulKostro
Law Lessons from JAMES BRIAN SWEENEY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties do not agree to one or more essential terms of a contract, the agreement is unenforceable
13 Apr 2010, 8:49 am by PaulKostro
Realtors v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Interfamily cash transfer, was it a loan or a gift
12 Apr 2010, 2:29 pm by PaulKostro
See Knauer v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Arbitration of fee disputes between clients and attorneys
12 Apr 2010, 6:30 am by PaulKostro
See Fusco v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
SSI benefits cannot be garnished or attached for child support or alimony
9 Apr 2010, 8:50 am by PaulKostro
In Crespo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If you have a small or family business, consult with a lawyer!
8 Apr 2010, 7:58 am by PaulKostro
For an example, read the sad story of: JP MORGAN CHASE BANK V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In evaluating whether the cleric-penitent privilege applies, the proper test is: Would an objectively reasonable penitent, under the totality of the circumstances, believe that a communication was secret, that is, made in confidence to a cleric in that cl
7 Apr 2010, 8:57 am by PaulKostro
State of New Jersey v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues