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27 Aug 2010, 10:47 am by PaulKostro
., A-5373-08T3, August 27, 2010: “A court may deviate from the Guidelines only when good cause demonstrates that application of the Guidelines would be inappropriate. [read post]
26 Aug 2010, 3:23 am
Proposed bill to extend minimum wage and overtime to home care workersSeyfarth Shaw LLPRecently, legislation was introduced that would provide federal minimum wage and overtime coverage to in-home care workers.Illinois - Illinois Wage Payment and Collection Act amended to expand coverage, increase penalties and toughen enforcementDuane Morris LLPOn July 30, 2010, Illinois Gov. [read post]
25 Aug 2010, 10:35 am by PaulKostro
Rule 1:4-8(b)(2) permits the court to award litigants who prevail in a frivolous litigation application reasonable fees and expenses incurred in presenting the motion. [read post]
24 Aug 2010, 6:43 pm by admin
  The eluding charge, which is the most serious charge she faces, is an indictable offense in New Jersey, and accordingly the matter has been referred to the Morris County Prosecutor’s Office. [read post]
24 Aug 2010, 6:17 am by PaulKostro
While sometimes difficult of application to a given factual base, these rules recognize that all judges, whether trial or appellate, are human and that the judgment of each is inevitably affected by subjective prejudices or predispositions relating to properties or specific tendencies of the individual mind, as distinguished from general or universal experience. [read post]
23 Aug 2010, 3:03 pm by PaulKostro
Rule 4:42-9(b) requires that all applications for the allowance of fees shall be supported by an affidavit of services addressing the factors enumerated by RPC l.5(a). [read post]
23 Aug 2010, 2:26 pm by PaulKostro
., A-6371-08T3, August 19, 2010: Rule 4:50-1 provides in pertinent part, that relief from a judgment or order may be obtained for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which would probably alter the judgment or order and which by due diligence could not have been discovered in time to move for a new trial under R. 4:49; (c) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of… [read post]
18 Aug 2010, 10:21 am by PaulKostro
., A-0015-09T3, August 18, 2010: The template for deciding an application to modify support obligations based on a claim of changed circumstances was established in Lepis v. [read post]
18 Aug 2010, 7:04 am by PaulKostro
” The standard governing such motions is: [T]he broad test for determination of such an application is whether the evidence at that point is sufficient to warrant a conviction of the charge involved. [read post]
17 Aug 2010, 7:34 am by PaulKostro
Although a defendant could not establish that the SSA had declared him disabled until the SSA rendered its decision on his application, nothing precluded defendant from making a motion in the trial court before the SSA acted and endeavoring to establish that he was, in fact, disabled and unable to work. [read post]
11 Aug 2010, 9:01 am by PaulKostro
Duane Morris, LLP, ___ N.J. ___ (2010) (slip op. at 18-22), the Court clarified the effect of settlement of litigation on a legal malpractice action arising out of the settled lawsuit. [read post]
10 Aug 2010, 9:31 am by PaulKostro
Div. 2007) (explaining that contracts involving commerce should be broadly construed to extend the FAA’s application to the limits of Congress’ Commerce Clause power). [read post]
9 Aug 2010, 12:58 am by Kelly
(Afro-IP) United Kingdom EWHC (Pat) dismisses Abbott’s application for specific disclosure of documents in action concerning medical stents: Abbott v. [read post]
5 Aug 2010, 12:04 pm by PaulKostro
Div. 2001) (second part of Cofield test not applicable to other crimes or wrongs evidence relevant to motive), certif. denied, 171 N.J. 338 (2002). [read post]
4 Aug 2010, 11:41 am by PaulKostro
., AUGUST 4, 2010: The appointment of a special medical guardian is governed by Rule 4:86-12 which, in addition to stating the standard to be applied by the court, sets forth that the procedure on such an application “shall conform as nearly as practicable to the requirements of R. 4:86-1 to R. 4:86-6 . . . [read post]