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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
To determine substantive unconscionability, we must next look to and apply the four factors set forth by the Court in Rudbart: “[1] the subject matter of the contract, [2] the parties’ relative bargaining positions, [3] the degree of economic compulsion motivating the ‘adhering’ party, and [4] the public interests affected by the contract. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Multiple-person accounts
10 Aug 2010, 9:23 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of undue influence
10 Aug 2010, 9:18 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The requisite elements of an inter vivos gift
10 Aug 2010, 9:16 am by PaulKostro
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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
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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
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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
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The New Jersey Safe Haven Infant Protection Act
5 Aug 2010, 11:38 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Before appointing a special medical guardian, the court must determine that the patient is unable to consent to medical treatment, no general or natural guardian is available, immediate medical treatment is necessary, and the patient has not designated a
4 Aug 2010, 11:41 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An award of counsel fees in matrimonial matters rests in the discretion of the trial court
3 Aug 2010, 1:55 pm by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Courts faced with spoliation claims should strive to impose a remedy that will serve the ends of justice by creating a level playing field, by ensuring that the consequence of the lost evidence falls on the spoliator rather than on an innocent party, and
3 Aug 2010, 1:42 pm by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Temporary Orders in Utah Family Law Matters
1 Aug 2010, 9:00 pm by Salcido
Call Us Today – Salt Lake City, Ogden, Provo, Logan, St. [read post]
Utah Business, Injury, and Divorce Blog - http://www.salcidolaw.com
After a plaintiff establishes the necessary predicate act of domestic violence by a preponderance of the evidence, the second inquiry is to determine whether a restraining order should be issued
30 Jul 2010, 12:18 pm by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Emancipation does not occur automatically by reason of the dependent child reaching the age of majority
30 Jul 2010, 12:13 pm by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Discipline for an attorney’s sexual misconduct has ranged from reprimands to disbarment
30 Jul 2010, 10:06 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
AALS advice — bringing forward an old post for people on the market this year…
29 Jul 2010, 11:48 am by Ezra Rosser
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Poverty Law Prof Blog - http://maximinlaw.wordpress.com
The award of counsel fees under the LAD is discretionary
27 Jul 2010, 9:52 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Is the Civil Union Act, N.J.S.A. 37:1-28 to -36, constitutional?
27 Jul 2010, 5:43 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for rehearing or reconsideration
23 Jul 2010, 9:53 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is inappropriate, when restraints are civilly required, for a Family Part judge to rely on restraints issued in a parallel criminal proceeding
23 Jul 2010, 9:38 am by PaulKostro
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NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues