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The doctrine of judicial estoppel and the doctrine of invited error
10 Mar 2010, 8:24 am by PaulKostro
CULLY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a decedent’s claim is not extinguished by the decedent’s death, counsel is obligated to move for substitution by decedent’s successors or representatives
11 Aug 2011, 4:43 am by PaulKostro
” Stroman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Chancery Court Denies Books and Records Demand for LLC
8 May 2009, 8:11 am
(citing Somerville S. [read post]
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
Trial judges cannot resolve material factual disputes upon conflicting affidavits and certifications
7 Apr 2010, 8:42 am by PaulKostro
See, e.g., Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Consumer Fraud Act is remedial legislation that should be construed liberally in favor of consumers
12 Sep 2012, 12:03 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The litigation privilege accords attorneys absolute immunity from civil liability regarding any communications made in a judicial proceeding connected to the action and to achieve the objects of the litigation
9 Jun 2011, 6:08 am by PaulKostro
Loigman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Assistance of counsel does not apply to a civil matter; a domestic violence complaint is a civil matter
5 Jan 2010, 12:13 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a motion for summary judgment is made during discovery, and the incompleteness of discovery is raised as a defense, that party must establish that there is a likelihood that further discovery would supply the necessary information
25 Aug 2009, 9:45 am
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is appropriate to impute income to a spouse based on his or her substantial investments in non-income producing stocks
13 May 2010, 1:06 pm by PaulKostro
WALSH V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court has discretion to determine if expert testimony is admissible
12 Aug 2010, 8:22 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Unclean hands in an affirmative defense, while breach of duty good faith and fair dealing is a counterclaim
23 Mar 2011, 9:28 am by PaulKostro
See R. 4:5-4; Glenfed Financial v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
SJC Rules that Off-Duty Police Didn’t “Arrest” OUI Suspect.
20 Nov 2011, 8:01 am
The case is Commonwealth v. [read post]
Boston Criminal Attorney Blog - http://www.bostoncriminalattorneyblog.com/
After a plaintiff establishes the necessary predicate act of domestic violence by a preponderance of the evidence, the second inquiry is to determine whether a restraining order should be issued
23 Jun 2010, 2:31 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party seeking to modify a custody judgment bears the burden of proof
22 Jul 2010, 8:49 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Before a child support cost of living adjustment is applied, the parties shall be provided with notice of the proposed adjustment and an opportunity to contest the adjustment within 30 days of the mailing of the notice
30 Aug 2010, 8:18 am by PaulKostro
Law Lessons from SHELLEY MOEHRLE, n/k/a SHELLEY PRYSANT V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parents’ combined net annual income exceeds $187,200, the court shall apply the guidelines up to $187,200 and supplement the guidelines-based award with a discretionary amount
8 Nov 2010, 9:55 am by PaulKostro
LANG V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Long-term reconciliation of the parties can serve to nullify a domestic violence restraining order
22 Mar 2010, 12:54 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Delay is one factor that weighs against entry of an order compelling a contribution to post-secondary education; but, it is not a bright line rule permitting automatic denial whenever a request is filed after educational expense has been incurred
18 Nov 2009, 10:22 am
[Gac v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The responsibility to determine whether any particular judge should be disqualified rests with that particular judge
22 Apr 2010, 7:36 am by PaulKostro
HADDAD V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Settlement agreements in matrimonial cases are contracts that should be enforced as long as they are fair and just
19 Oct 2011, 8:13 am by PaulKostro
Petersen v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues