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Without findings relevant to the legal standards, the litigants and the reviewing court can only speculate about the reasons for the decision
25 Aug 2010, 10:56 am by PaulKostro
St. [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
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
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
Legal ethics items (August 20, 2010)
20 Aug 2010, 1:11 am by John Steele
George Tucker. [read post]
Legal Ethics Forum - http://www.legalethicsforum.com/blog/
Arbitration of medical malpractice claims
18 Aug 2010, 10:27 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To be guilty of contempt of an FRO, a person must purposely or knowingly violate any provision in the FRO
18 Aug 2010, 7:04 am by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of piercing the corporate veil, developed under the principles of corporate law, may be applied to limited liability companies
12 Aug 2010, 8:51 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An appellate court may not engage in an independent assessment of the evidence as if it were the court of first instance
12 Aug 2010, 8:25 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court has discretion to determine if expert testimony is admissible
12 Aug 2010, 8:22 am by PaulKostro
State 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
Div. 2001) (quoting St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The FAA’s clear authorization nullifies the specific prohibition of arbitration provisions in nursing home or assisted living facilities’ contracts
10 Aug 2010, 9:31 am by PaulKostro
” Young v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Multiple-person accounts
10 Aug 2010, 9:23 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The privilege against self-incrimination is personal to the individual claimant and the election to invoke it must be exercised by the witness himself; it is not invocable by an attorney as his surrogate
9 Aug 2010, 8:37 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Even though a court is not obligated to find a past history of abuse before determining that an act of domestic violence has been committed in a particular situation, a court must at least consider that factor in the course of its analysis
9 Aug 2010, 8:29 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial courts have inherit discretionary power to award attorney’s fees and costs for failure to make discovery
9 Aug 2010, 6:02 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A lawyer who has represented a client in a matter shall not thereafter represent another client in the same or substantially related matter in which that client’s interests are materially adverse to the interests of the former client
6 Aug 2010, 8:49 am by PaulKostro
Div. 2006); State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where other-crime evidence tends to make the existence of a material fact reasonably likely, it is admissible subject to the probative/prejudice balancing
5 Aug 2010, 12:04 pm by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The act of allowing a child to witness domestic violence does not equate to abuse or neglect of the child in the absence of additional proofs
5 Aug 2010, 11:54 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues