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31 Aug 2009, 10:46 am
JAMES DUFFY, A-4495-07T1, August 31, 2009: Picture by Mai Le In this case, Defendant appealed from a domestic violence final restraining order. [read post]
23 Jul 2010, 9:53 am by PaulKostro
Rule 1:13-1 states: Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight and omission may at any time be corrected by the court on its own initiative or on the motion of any party, and on such notice and terms as the court directs, notwithstanding the pendency of an appeal. [read post]
12 Aug 2010, 8:22 am by PaulKostro
Rulings of the trial court pursuant to N.J.R.E. 403 will not be overturned on appeal unless there was a palpable abuse of discretion, a finding “so wide off the mark that a manifest denial of justice resulted. [read post]
21 Jul 2015, 1:34 pm by John C. Manoog III
The city filed an interlocutory appeal, but the intermediate appellate court dismissed the appeal on the grounds that the doctrine of present execution was inapplicable. [read post]
17 Mar 2016, 8:19 pm by John C. Manoog III
City of Somerville Massachusetts Asbestos Claim against Bankrupt Manufacturer Barred by Three-Year Statute of Limitations – Barraford v. [read post]
18 Mar 2012, 10:00 am by PaulKostro
The RPCs require that contingent fee agreements be in writing and specify the amounts that shall accrue to the attorney” in the event of settlement, trial or appeal. . . . [read post]
Anthony then appealed to the United States Court of Appeals for the 5th Circuit. [read post]
5 Sep 2019, 12:49 am by CMS
This is a live blog of the reclaiming motion (appeal) hearing in the challenge brought by Joanna Cherry QC MP and others for judicial review of the Government’s ability to prorogue the UK Parliament. [read post]
5 Jun 2013, 4:36 am
Bulger deserves a fair trial and appeals courts will be there to see if he got it. [read post]
23 Jun 2010, 3:26 pm by PaulKostro
On appeal, then, those rulings will be gauged separately: the evidentiary ruling under an abuse of discretion standard, and the legal conclusions undergirding the summary judgment motion itself on a plenary de novo basis. [read post]
15 Nov 2010, 1:18 pm by PaulKostro
Where the trial court makes a discretionary ruling, that decision will not be reversed on appeal absent a showing of an abuse of discretion. [read post]
27 Jul 2010, 9:41 am by PaulKostro
An award of equitable distribution is left to the discretion of the trial court and will not be disturbed on appeal “as long as the trial court could reasonably have reached its result from the evidence presented, and the award is not distorted by legal or factual mistake. [read post]
2 Mar 2012, 1:13 pm by PaulKostro
Findings by a trial court are binding on appeal when supported by adequate, substantial and credible evidence. [read post]
13 Mar 2015, 5:48 pm by Altman & Altman
The Boston Globe reports that Boston Cyclists Union director Pete Stidman said that, to his knowledge, this is the first pedalcylist death this year in the area where the union operates, which also includes Brookline, Boston, and Somerville. [read post]
7 Jul 2010, 8:23 am by PaulKostro
Findings by trial judges——including those assigned to the Family Part——are considered binding on appeal when supported by adequate, substantial, and credible evidence. [read post]
12 Dec 2017, 10:44 am by Breakstone, White & Gluck
We represent clients in Boston, Cambridge, Somerville, Arlington, Lexington, Quincy, Dedham, Brockton, Plymouth and other areas. [read post]