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A party seeking to set aside a settlement agreement generally has the burden of proving his incapacity or incompetence to contract or other extraordinary circumstance sufficient to vitiate the agreement
31 Aug 2010, 6:55 am by PaulKostro
., Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equity may allow rescission in light of a unilateral mistake in a contract under certain circumstances
31 Aug 2010, 6:50 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Without findings relevant to the legal standards, the litigants and the reviewing court can only speculate about the reasons for the decision
25 Aug 2010, 10:56 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for sanctions shall be filed with the court no later than 20 days following the entry of final judgment; however, the motion may be filed prior to the entry of final judgment
25 Aug 2010, 10:35 am by PaulKostro
Toll Brothers, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Counsel fees as a remedy in aid of litigants rights with respect to enforcement of the court’s orders
24 Aug 2010, 9:25 am by PaulKostro
COLPAR, INC., ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Sanctions motion
24 Aug 2010, 9:20 am by PaulKostro
COLPAR, INC., ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for a new trial
24 Aug 2010, 6:17 am by PaulKostro
KDI Sylvan Pools, Inc., 121 N.J. 276, 297 (1990)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for reconsideration
23 Aug 2010, 3:07 pm by PaulKostro
., Inc., 403 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The imposition of sanctions may be appropriate where the attorney files a pleading or a motion with an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, or by asserting a claim or defense tha
23 Aug 2010, 2:17 pm by PaulKostro
., Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Arbitration of medical malpractice claims
18 Aug 2010, 10:27 am by PaulKostro
” Sitogum Holdings, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An order is distinguishable from a judgment
17 Aug 2010, 6:34 am by PaulKostro
Law Lessons from NATIONAL AMUSEMENTS, INC. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In construing a contract, literalism must give way to context
12 Aug 2010, 9:09 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Contract damages are designed to put the injured party in as good a position as he would have had if performance had been rendered as promised
12 Aug 2010, 9:06 am by PaulKostro
Summit MRI, Inc., 318 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of piercing the corporate veil, developed under the principles of corporate law, may be applied to limited liability companies
12 Aug 2010, 8:51 am by PaulKostro
Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An appellate court may not engage in an independent assessment of the evidence as if it were the court of first instance
12 Aug 2010, 8:25 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [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
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Consequential damages are those fairly and reasonably contemplated by the parties at the time of the execution of the contract
11 Aug 2010, 9:29 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To warrant a punitive award, the defendant’s conduct must have been wantonly reckless or malicious
11 Aug 2010, 9:26 am by PaulKostro
., Inc., 108 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Ordinarily, in a breach-of-contract action, the court awards damages for the purposes of making the injured party whole
11 Aug 2010, 9:12 am by PaulKostro
This Blog/Blawg, NJ Family Issues, is managed by Paul G. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party to a settlement, who asserts a negligence claim against his former attorney, must establish the departure from the standard of care by specific facts
11 Aug 2010, 9:01 am by PaulKostro
Div. 2008)] and [Prospect Rehabilitation Services, Inc. v.] [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues