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17 Jun 2010, 2:46 pm
Div. 2010), A-5254-08, June 17, 2010: The application of the entire controversy doctrine is ultimately “one of judicial fairness and will be invoked in that spirit. [read post]
17 Jun 2010, 5:00 am
“State power may be exercised as much by a jury’s application of a state rule of law in a civil lawsuit as by a statute. [read post]
16 Jun 2010, 7:06 pm
The 29 defendants, listed on the attached chart by complaint, range in age from 27 to 77 and live in eight of New Jersey’s 21 counties—Essex, Bergen, Union, Hudson, Burlington, Monmouth, Morris and Passaic. [read post]
16 Jun 2010, 10:43 am
“[A]n applicant’s right to relief [under subsection (f)] depends upon the totality of the circumstances and . . . the correctness or error of the original judgment is ordinarily an irrelevant consideration. [read post]
16 Jun 2010, 10:30 am
It has no application in civil proceedings, see State v. [read post]
16 Jun 2010, 4:30 am
Philip Morris USA, Inc., 914 N.E.2d 891 (Mass. 2009). [read post]
14 Jun 2010, 2:33 pm
Section 27 of the statute makes the affidavit requirement applicable to “any action for damages for personal injuries, wrongful death or property damage resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation[.] [read post]
10 Jun 2010, 9:47 am
., A-0345-09T2, June 9, 2010: No plenary hearing as to a child’s status on a postjudgment application is required unless a prima facie case of changed circumstances (as to the welfare of the children; to warrant a change in custody) is established by the moving party. [read post]
10 Jun 2010, 9:35 am
Officer Morris exercised his contractual right under the applicable collective bargaining agree- ment to contest the proposed discipline before the USCP’s Disciplinary Review Board (“DRB”). [read post]
10 Jun 2010, 5:14 am
"No plenary hearing as to a child's status on a post judgment application is required unless a prima facie case of changed circumstances is established by the moving party. [read post]
4 Jun 2010, 5:20 am
For a thorough analysis of this issue, read: New Jersey Rewrites The Rules Concerning Gifts Made By Medicaid Applicants Which Are Later Returned, published in the Law Office of Donald D. [read post]
3 Jun 2010, 8:43 am
The application of the doctrine of laches depends on the facts and circumstances of the particular case and rests within the sound discretion of the trial court. [read post]
3 Jun 2010, 8:34 am
Duane Morris, LLP, __ N.J. __ (2010), A-31-09, June 3, 2010: When a client alleges that he entered into a settlement based on negligent advice from his lawyers, he need not first seek to vacate the settlement, but may proceed directly against those lawyers the plaintiff asserts provided the negligent advice that culminated in the settlement. [read post]
27 May 2010, 12:29 pm
Miller, 160 N.J. 408, 420 (1999) (“In an application brought by a supporting spouse for a downward modification in alimony, such as the present case, the central issue is the supporting spouse’s ability to pay. [read post]
27 May 2010, 8:38 am
For further information about the Voiceless Grants Program, please contact Elaine Morris at grants@voiceless.org.au or (02) 9357 0723. [read post]
25 May 2010, 9:16 am
The standard utilized when considering whether there has been legal malpractice [1] has no bearing on an application under Rule 1:4-8. [read post]
25 May 2010, 8:10 am
“For this reason the application of laches to matters of” child support and custody has “been carefully circumscribed[,]” id. at 41, and applicable only in extraordinary circumstances. [read post]
21 May 2010, 3:21 pm
See In re Application of Conda, 104 N.J. 163, 170 (1986) (holding “the estate of a minor should not be charged for the support and maintenance of a minor where others are responsible and able to do so”); Cohen v. [read post]
20 May 2010, 3:20 pm
By Morris A. [read post]
20 May 2010, 3:16 pm
“That presumption can be rebutted by proof of gross misconduct, abandonment, unfitness, or the existence of ‘exceptional circumstances,’ but never by a simple application of the best interests test. [read post]
