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The trial court has discretion to determine if expert testimony is admissible
12 Aug 2010, 8:22 am by PaulKostro
Ct. 813, 102 L. [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
Super. __ (App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judgment involving custody of minor children may be modified at any time upon the ground of changed circumstances
3 Aug 2010, 1:51 pm by PaulKostro
Super. at 105; Lepis v. [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
Super. at 421 (citing Singer v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The harassment statute is aimed at the manner of the communication and not the content of the offending statement
20 Jul 2010, 8:07 am by PaulKostro
Super. 33, 38 (App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The likelihood of prejudice is acute when the proffered evidence is proof of a defendant’s uncharged misconduct
19 Jul 2010, 3:26 pm by PaulKostro
Super. __ (App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To meet the burden of general acceptability, the proponent of the scientific evidence must prove that the technology is a non-experimental, demonstrable technique that the relevant scientific community widely, but perhaps not unanimously, accepts as relia
23 Jun 2010, 3:35 pm by PaulKostro
Super. __ (App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Children are entitled to be supported at least according to the standard of living to which they had grown accustomed prior to the separation of their parents
21 May 2010, 3:24 pm by PaulKostro
Ct. 757, 761, 47 L. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A child cannot be removed from the State without consent, unless the court, upon cause shown, shall otherwise order
18 May 2010, 9:41 am by PaulKostro
Ct. 7, 168 L. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Witnesses, other than experts, cannot testify unless they have personal knowledge of the matter
14 May 2010, 10:13 am by PaulKostro
Ct. 2786, 2796, 125 L. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial judge must not only be impartial, he or she must also give the appearance of impartiality
13 May 2010, 1:19 pm by PaulKostro
Ct. 140, 139 L. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Custody issues are resolved using a best interests analysis
13 May 2010, 12:51 pm by PaulKostro
Ct. 302, 148 L. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fees a lawyer might charge himself are not, strictly speaking, attorneys’ fees and where a lawyer represents himself, legal fees are not truly the cost of litigation
5 May 2010, 7:58 am by PaulKostro
Ct. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parents have a fundamental liberty interest in the care, custody and management of their child
29 Apr 2010, 1:50 pm by PaulKostro
Super. __ (App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Collateral estoppel bars a party from relitigating any issue which was actually determined in a prior action
22 Apr 2010, 9:15 am by PaulKostro
Ct. 56, 83 L. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A Blogger may not be entitled to the “Newsperson’s privilege”
22 Apr 2010, 7:22 am by PaulKostro
Ct. 598, 58 L. [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
Ct. 1042, 163 L. [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
Ct. 302, 148 L. [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
Ct. 1248, 1255, 103 L. [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
Ct. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues