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3 Aug 2010, 1:55 pm
“Discretion, however, means legal discretion, ‘in the exercise of which the judge must take account of the law applicable to the particular circumstances of the case and be governed accordingly. [read post]
3 Aug 2010, 1:47 pm
One of the factors which must be considered in any application to compel disclosure of the identity of an Internet poster is the necessity for that disclosure. [read post]
3 Aug 2010, 5:18 am
Awad, 62 AD3d 732 (2nd Dept. 2009), quoting Morris Park Contr. [read post]
30 Jul 2010, 12:13 pm
See N.J.S.A. 9:17B-3 (stating with limited exceptions that “every person 18 or more years of age shall in all other matters and for all other purposes be deemed to be an adult”).N.J.S.A. 2A:17-56.23a provides in pertinent part: No payment or installment of an order for child support, or those portions of an order which are allocated for child support . . . shall be retroactively modified by the court except with respect to the period during which there is a pending application… [read post]
30 Jul 2010, 12:09 pm
This does not mean that a judge may not, on proper application and adequate evidence, identify extraordinary expenses appropriately incurred for the activities of the children in a particular case. [read post]
30 Jul 2010, 12:04 pm
Like any other exercise of judicial discretion, retroactive modification must be based on an application of relevant legal principles to facts supported by the record. [read post]
30 Jul 2010, 11:00 am
The Notice of Intent to Prepare an Environmental Impact Statement on Staten Island in Manhattan, NY, as well as Hudson, Union, Bergen and Morris Counties in New Jersey is a serious process which Texas Eastern is moving forward with. [read post]
30 Jul 2010, 9:27 am
An article by Sharon Caffrey and Rhonda Ulrich of Duane Morris has some very savvy tips on how to recession-proof your business development plan (that actually are applicable in any economy). [read post]
29 Jul 2010, 2:40 am
The restricted case material was inserted into the 1996 Act (finally) by section 314, Housing and Regeneration Act 2008, in order to deal with the declaration of incompatibility found in R(Morris) v Westminster CC [2006] 1 WLR 505 on the previous provision (disregard of applicant's ineligible child for Part VII). [read post]
29 Jul 2010, 2:40 am
The restricted case material was inserted into the 1996 Act (finally) by section 314, Housing and Regeneration Act 2008, in order to deal with the declaration of incompatibility found in R(Morris) v Westminster CC [2006] 1 WLR 505 on the previous provision (disregard of applicant's ineligible child for Part VII). [read post]
26 Jul 2010, 8:12 am
The statute requires that the prosecutors and program directors consider the following criteria when determining whether a particular defendant should be allowed to participate in the PTI program: (1) The nature of the offense; (2) The facts of the case; (3) The motivation and age of the defendant; (4) The desire of the complainant or victim to forego prosecution; (5) The existence of personal problems and character traits which may be related to the applicant’s crime and for which… [read post]
23 Jul 2010, 9:58 am
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
22 Jul 2010, 8:51 am
The Baures standards is only applicable in instances where the relocating parent is the parent of primary residence. [read post]
21 Jul 2010, 8:43 am
Rule 4:50-1(a) (mistake, inadvertence, surprise or excusable neglect), (b) (newly discovered evidence), and (f) (other good cause), is applicable to consensual final judgments. [read post]
21 Jul 2010, 6:46 am
The judgment entered is final, “and no application shall be entertained to reopen the judgment after three months from the date thereof, and then only upon the grounds of lack of jurisdiction or fraud in the conduct of the suit. [read post]
19 Jul 2010, 3:39 pm
[T]he moving party has the burden to make a prima facie showing good cause exists for dissolution of the restraining order prior to the judge fully considering the application for dismissal. [read post]
18 Jul 2010, 8:42 pm
Morris Solomon, Jr. [read post]
16 Jul 2010, 3:00 am
Morris, 975 S.W.2d 308 (Tenn. 1998) (Plaintiff permitted to add defendant’s employer as a party defendant). [read post]
15 Jul 2010, 2:39 pm
Morris v. [read post]
14 Jul 2010, 8:49 pm
Morris Kleiner’s recent book has a good summary of the relevant evidence. [read post]
