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Spoliation of evidence in a prospective civil action occurs when evidence pertinent to the action is destroyed, thereby interfering with the action’s proper administration and disposition
4 Feb 2010, 8:53 am by PaulKostro
VIRGINIA COCKERLINE, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court may not enter an order compelling arbitration sua sponte or on the request of one party absent a statute or an agreement of the parties compelling resolution of the dispute in that manner
2 Oct 2009, 9:49 am
MAUREEN BELL ASTERBADI, ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The award of counsel fees under the LAD is discretionary
27 Jul 2010, 9:52 am by PaulKostro
CANNATA, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a claim for transactional legal malpractice, where the suit within a suit method is untenable, there must be evidence to establish that the negligence was a substantial factor in bringing about the loss of a gain or benefit from the transaction
2 Apr 2012, 11:41 am by PaulKostro
., ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party seeking to set aside a settlement agreement generally has the burden of proving his incapacity or incompetence to contract or other extraordinary circumstance sufficient to vitiate the agreement
31 Aug 2010, 6:55 am by PaulKostro
MATHIEU, ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A state court lacks authority to compel a federal agency to comply with a subpoena
21 Oct 2010, 8:21 am by PaulKostro
Law Lessons from VLAD OURITSKI, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A decedent’s clearly expressed desire to be cremated should be respected
16 Feb 2010, 9:55 am by PaulKostro
WASHINGTON CEMETERY, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In general, a cause of action for legal malpractice accrues when an attorney’s breach of professional duty proximately causes a plaintif’s damages
18 Aug 2010, 12:42 pm by PaulKostro
SULLIVAN, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Anticipatory repudiation
12 Jul 2012, 12:50 pm by PaulKostro
FOREVER YOUNG MEDICAL DAYCARE, LLC, ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Failure to provide the complete transcript may result in dismissal of an appeal
6 Jan 2012, 9:12 am by PaulKostro
PERLA, ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To prove a cause of action for either tortious interference with a prospective contractual relationship or for tortious interference with an existing contract, a plaintiff must prove that the interference was inflicted intentionally and without justificat
6 Dec 2010, 9:40 am by PaulKostro
GALLOWAY AUTOMOTIVE, LLC., T/A GALLOWAY CHRYSLER-DODGE, ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorney’s fees and discovery issues
15 Aug 2012, 7:56 am by PaulKostro
NATURAL FOOD IMPORT USA, INC., ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of res judicata
10 Nov 2010, 11:03 am by PaulKostro
ELIZABETH RIOS, ET AL., App. [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
KIRIAKI FASSILIS, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Emails exchanged between counsel may be construed as written modifications of an agreement’s provision intended to bind both parties
13 Feb 2012, 8:51 am by PaulKostro
WINE SOURCE SELECTIONS, L.L.C. d/b/a GRAPE SOLUTIONS, ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Tortious interference with a prospective business relation
11 Aug 2010, 9:22 am by PaulKostro
PARS ENTERPRISES, LLC, ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In determining whether a party should be relieved from an order, courts must balance the strong interests in the finality of litigation and judicial economy with the equitable notion that justice should be done in every case
11 Sep 2012, 9:23 am by PaulKostro
Law Lessons from RYAN KERR, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a legal malpractice context, a cause of action accrues only when an attorney’s breach of professional duty proximately causes a plaintiff’s damages
20 Aug 2012, 2:21 pm by PaulKostro
DAVID WILDSTEIN, ESQ., ET AL., App. [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
WOLPIN, ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
California Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license
4 Aug 2010, 3:15 pm by PaulKostro
NEWS: Perry et al v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues