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3 Nov 2010, 6:56 am by Bexis
”  Id. at *7 (quoting Davis, with our emphasis).Reliance, not causation.In fact, subsequent decisions have criticized whether Davis gave “fair consideration” to the causation element of FDUTPA (including a case we worked on, Philip Morris USA, Inc. v. [read post]
2 Nov 2010, 12:16 pm by PaulKostro
These principles are equally applicable to an obligor’s motion to reduce child support based upon a change in circumstances. [read post]
29 Oct 2010, 4:02 am by Francis Davey
In Brightlingsea Haven v Morris [2008] EWHC 1928 (QB), the High Court considered whether Haven Village in Brightlingsea was a "protected site" within the meaning of the Caravan Sites Act 1968. [read post]
29 Oct 2010, 4:02 am by Francis Davey
In Brightlingsea Haven v Morris [2008] EWHC 1928 (QB), the High Court considered whether Haven Village in Brightlingsea was a "protected site" within the meaning of the Caravan Sites Act 1968. [read post]
28 Oct 2010, 9:59 am by PaulKostro
The Court elaborated: [B]ecause the income and assets of each party are only two of the many statutory factors the trial court must consider in determining a fair and just child support award, the allocation equation utilized under the guidelines-based award has little or no application to the amount of additional support determined through analyzing the N.J.S.A. 2A:34-23 factors. [read post]
22 Oct 2010, 9:24 am by PaulKostro
., A-0612-09T2, October 22, 2010: Ambiguities in matrimonial agreements are subject to the same principles of law applicable to interpretation of contracts in general. [read post]
21 Oct 2010, 7:14 pm by legalscholarshipblog
Morris,  Chair of the Faculty Appointments Committee, LSU Law Center, Baton Rouge, LA 70803-1000. [read post]
20 Oct 2010, 11:36 am by PaulKostro
Court Rules, comment 1.1 on R. 5:5-4 (2011) (noting “there is a strong presumption favoring argument of motions other than calendar matters and routine discovery application”). [read post]
15 Oct 2010, 1:36 pm by PaulKostro
Noncompliance places the applicant at risk of forfeiting recompense for defending against allegedly frivolous litigation conduct for which the offending person was not put on notice. [read post]
15 Oct 2010, 12:26 am
See In re Morris, 127 F.3d 1048, 1055 (Fed. [read post]
14 Oct 2010, 12:56 pm by PaulKostro
It is legal discretion, in which the judge must take account of the applicable law and be governed accordingly. [read post]
14 Oct 2010, 12:51 pm by PaulKostro
Additionally, “[i]t follows that a judge’s questions may be leading in form, simply because the reason for the prohibition of leading questions has no application to the relation between judge and witness. [read post]
7 Oct 2010, 11:06 am by Curt Cutting
  Chief Justice Roberts signed on to the majority opinion in Philip Morris v. [read post]
6 Oct 2010, 8:16 am by Charles Abut
 In this appeal, the New Jersey Supreme Court considers the standards applicable to a sibling's request for visitation after the children are placed outside the home. [read post]
5 Oct 2010, 11:20 am by PaulKostro
The New Jersey Court Rules require that “[t]he guidelines set forth in Appendix IX of these Rules shall be applied when an application to establish or modify child support is considered by the court. [read post]
4 Oct 2010, 12:14 pm by PaulKostro
This rule is also applicable to arbitration proceedings. [read post]
2 Oct 2010, 8:43 am by Peter Rost
"These are legitimate concerns," concedes Lewis Morris, chief counsel for the Department of Health and Human Services’ unusually powerful Inspector General’s office, which is a key player in the search for ways to combat recidivism among pharmaceutical companies. [read post]
2 Oct 2010, 6:08 am
That protection includes, with narrow exceptions not applicable here, prohibiting mandatory retirement based on age. [read post]