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An appellate court may not engage in an independent assessment of the evidence as if it were the court of first instance
12 Aug 2010, 8:25 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [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
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Consequential damages are those fairly and reasonably contemplated by the parties at the time of the execution of the contract
11 Aug 2010, 9:29 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To warrant a punitive award, the defendant’s conduct must have been wantonly reckless or malicious
11 Aug 2010, 9:26 am by PaulKostro
., Inc., 108 N.J. [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
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party to a settlement, who asserts a negligence claim against his former attorney, must establish the departure from the standard of care by specific facts
11 Aug 2010, 9:01 am by PaulKostro
Div. 2008)] and [Prospect Rehabilitation Services, Inc. v.] [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
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial courts have inherit discretionary power to award attorney’s fees and costs for failure to make discovery
9 Aug 2010, 6:02 am by PaulKostro
., Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
General Global Week in Review 9 August 2010 from IP Think Tank
9 Aug 2010, 12:58 am by Kelly
(Docket Report) District Court E D North Carolina: Infringement sale of equipment creating ‘long-lasting business relationship’ creates irreparable harm sufficient to warrant preliminary injunction: Morris & Associates, Inc. v. [read post]
IP Thinktank - http://duncanbucknell.com/ipthinktank.blog
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
Ries & Sons, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Applications to discover the identity of those posting anonymous messages on message boards maintained by Internet service providers
3 Aug 2010, 1:47 pm by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
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
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appeals are taken from orders and judgments, not from opinions
30 Jul 2010, 10:14 am by PaulKostro
Plainfield, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Rescission of a contract is a remedy for a unilateral mistake under a narrow class of circumstances
27 Jul 2010, 9:55 am by PaulKostro
., INC. [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
UBS/PaineWebber, Inc., 373 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a parent is seeking to vacate a judgment of guardianship, the parent must present evidence of changed circumstances, and the best interests of the child must be considered
21 Jul 2010, 8:43 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court does not have an obligation to warn a witness that his or her testimony may be self-incriminating
21 Jul 2010, 8:33 am by PaulKostro
., Inc., 213 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A profile posted on a social media networking site can be used as evidence
20 Jul 2010, 9:02 am by PaulKostro
In Independent Newspapers, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Principles of comity and the full faith and credit doctrine
15 Jul 2010, 9:54 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
One person is in privity with another and is bound by and entitled to the benefits of a judgment as though he was a party when there is such an identification of interest between the two as to represent the same legal right
15 Jul 2010, 9:50 am by PaulKostro
Law Lessons from LIBERTY TRAVEL, INC., ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues