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The doctrine of judicial estoppel and the doctrine of invited error
10 Mar 2010, 8:24 am by PaulKostro
Wakelee, 156 U.S. 680, 689, 15 S. [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
V. [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
M.J.B., 163 N.J. 200, 227-28, cert. denied, 531 U.S. 926, 121 S. [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
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Assistance of counsel does not apply to a civil matter; a domestic violence complaint is a civil matter
5 Jan 2010, 12:13 pm by PaulKostro
Dep’t of Social Servs., 452 U.S. 18, 25, 101 S. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A grandparent may force visitation over the wishes of a fit parent by demonstrating exceptional circumstances whereby he or she has become a psychological parent to the child and stands in the shoes of a parent
29 Sep 2009, 9:03 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A legal permanent resident who becomes an ‘aggravated felon’ may be deported from the US
27 Jul 2009, 10:40 am
Holder, 557 U.S. ___, 129 S. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Concealment and surprise are not to be tolerated in a modern judicial system
26 Feb 2010, 7:49 am by PaulKostro
Procter & Gamble Co., 356 U.S. 677, 682, 78 S. [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
M.J.B., 163 N.J. 200, 227-28, cert. denied, 531 U.S. 926, 121 S. [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
Marshall, 148 N.J. 89, 276, cert. denied, 522 U.S. 850, 118 S. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Actions for defamation and product disparagement
17 May 2012, 5:51 am by PaulKostro
Hepps, 475 U.S. 767, 768-69, 106 S. [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
Koedatich, 112 N.J. 225, 313 (1988), cert. denied, 488 U.S. 1017, 109 S. [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
In re Coruzzi, 95 N.J. 557, 567, appeal dismissed, 469 U.S. 802, 105 S. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial judges may intervene in questioning witnesses, especially in cases involving pro se litigants
26 Feb 2010, 7:56 am by PaulKostro
Riley, 28 N.J. 188, 200 (1958), cert. denied, 359 U.S. 313, 79 S. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorney fee awards are based in part on the hourly rate of the attorney, compated to the rates charged for similar services of attorneys in the community with comparable skill, experience, and reputation
1 Sep 2010, 8:58 am by PaulKostro
Kenny A., ____ U.S. ____, 130 S. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
D.Mass.: Offsets to Unpaid Overtime, Pursuant to § 207(h)(2) of FLSA, Attributable Only to Singular Workweeks in Which Both Premiums and Overtime Earned Simultaneously
28 Mar 2011, 3:52 am by Andrew Frisch
Cohen, Deputy Administrator, U.S. [read post]
Overtime Law Blog | FLSA Decisions - http://overtimelaw.wordpress.com
Adoptive parents need not continue sibling visitation
30 Mar 2010, 3:50 pm by PaulKostro
Santosky v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The rules of contractual interpretation
20 Oct 2010, 11:30 am by PaulKostro
Div. 1996) ([citing] U.S. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Domestic violence is ordinarily more than an isolated aberrant act and incorporates the legislative intent to provide a vehicle to protect victims whose safety is threatened
13 Nov 2011, 10:06 am by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
9th Circuit Defense Wins: “crimes of violence”, self-authentication and Indian tribes, sentencing remand
5 Aug 2016, 11:36 am by The Blog Team
United States v. [read post]
The Federal Criminal Appeals Blog - http://www.federalcriminalappealsblog.com/