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Waiver is an equitable defenses, which is not available to those who come before a court of equity with unclean hands
19 Jan 2010, 9:21 am by PaulKostro
Knorr v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge has broad discretion in setting alimony and equitable distribution
2 Feb 2010, 8:40 am by PaulKostro
Law Lessons from JANICE MEKHAIL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is not a rule that in every case where a couple cohabits before marriage, all assets acquired during cohabitation must be treated as marital assets
7 Apr 2010, 8:51 am by PaulKostro
VERNOSE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appeals can only be taken from judgments and orders, not opinions
16 Jun 2010, 10:27 am by PaulKostro
ROGERS V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The mutual mistake doctrine applies when a mistake was mutual in that both parties were laboring under the same misapprehension as to a particular, essential fact
28 Sep 2009, 9:47 am
FOSTER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of unclean hands embraces the principle that a court should not grant equitable relief to a party who is a wrongdoer with respect to the subject matter of the suit
12 Aug 2010, 8:42 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The requesting party must show a strong need for the production of another party’s tax returns
29 Apr 2010, 9:00 am by PaulKostro
See Campione v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A pro se attorney litigant is not entitled to a fee award
15 Oct 2010, 1:45 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court may impute income to a party who is underemployed based on potential employment and earning capacity, using the parent’s work history, occupational qualifications and educational background
17 Jan 2012, 1:33 pm by PaulKostro
NEWMAN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party who has been deprived of the exercise of his or her free will by way of moral compulsion or psychological pressure cannot provide the consent necessary to enter into a valid contract
21 Mar 2012, 7:30 am by PaulKostro
” Dolce v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Promissory estoppel and equitable estoppel
7 Aug 2012, 2:58 am by PaulKostro
” McDade v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Emancipation reflects a circumstance wherein a parent is relieved of an obligation to maintain custodial responsibility for the child
4 May 2010, 8:32 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Commission of one of the predicate acts of domestic violence does not, on its own, automatically warrant the issuance of a domestic violence restraining order
4 Apr 2011, 2:57 pm by PaulKostro
Law Lessons from S.P. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The crime of terroristic threats requires a showing of three essential elements: (1) that the defendant in fact threatened the plaintiff; (2) that the defendant’s intent was to threaten the plaintiff; and (3) that a reasonable person, under an objective s
26 Feb 2010, 8:02 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Modification of a support obligation is not warranted if the change in circumstances is only temporary or is expected but has not yet occurred
4 Mar 2010, 10:20 am by PaulKostro
” Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Distinguishing between the ordinary disputes, disagreements, and irritations common in a domestic relationship, and those actions that cross the line into domestic violence
19 Nov 2011, 7:40 am by PaulKostro
J.D. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When an appellant’s notice of appeal only designates an order denying reconsideration, appellant is not entitled to review of the earlier order
2 Nov 2010, 10:33 am by PaulKostro
Compagna v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The “law of the case” doctrine, wich discourages relitigation of un-reversed decisions made during the trial, is not applicable when the earlier decision was either ambiguous or uncertain
18 Dec 2009, 9:22 am by PaulKostro
Group, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them
25 Feb 2010, 8:58 am by PaulKostro
” Pacifico v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Oral Argument Recap: Lighting Ballast Control v. Philips
13 Sep 2013, 1:51 pm by Jason Rantanen
This morning, the Federal Circuit sat en banc in the case of Lighting Ballast Control v. [read post]
Patently-O - http://patentlyo.com/patent