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The award of counsel fees under the LAD is discretionary
27 Jul 2010, 9:52 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a claim for transactional legal malpractice, where the suit within a suit method is untenable, there must be evidence to establish that the negligence was a substantial factor in bringing about the loss of a gain or benefit from the transaction
2 Apr 2012, 11:41 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Items seized during a search conducted pursuant to a warrant issued under the Prevention of Domestic Violence Act can serve as the basis for a subsequent criminal prosecution if their illegal nature is immediately apparent
20 Aug 2012, 2:46 pm by PaulKostro
Law Lessons from State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Living rent-free is not a basis for imputing “in-kind income”
9 Jul 2009, 5:00 am
Law Lessons from Galaris v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Limited duration alimony is not intended to facilitate the earning capacity of a dependent spouse or to make a sacrificing spouse whole, but rather to address those circumstances where an economic need for alimony is established, but the marriage was of
9 Nov 2009, 6:28 am
See Cox v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the basis for a motion to vacate a judgment is premised upon a claim of fraud, the party objecting to the judgment must establish the fraud by clear and convincing evidence, demonstrating that “a material misrepresentation was made with intent that
15 Jul 2010, 10:05 am by PaulKostro
Shaw v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The speech punished by the harassment statute must be uttered with the specific intention of harassing the listener
20 Aug 2011, 9:22 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial judges may intervene in questioning witnesses, especially in cases involving pro se litigants
26 Feb 2010, 7:56 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Once a conflict of interest is determined to exist, the appropriate remedy is disqualification of the attorney
20 Jul 2009, 5:11 am
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Alimony modifications are not intended to allow a dependent spouse to share in the post-divorce good fortune of the supporting spouse
27 Oct 2009, 11:20 am
Cesare v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Court’s review of an arbitration award is exceedingly deferential, and the award will be upheld if it is rationally inferable from the letter or purpose of the underlying agreement
15 Jul 2009, 8:57 am
Laser Vision, P.A. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties have not provided otherwise by agreement, alimony may be modified based on changed circumstances resulting from cohabitation only if one cohabitant supports or subsidizes the other under circumstances sufficient to entitle the supporting
4 Feb 2010, 8:45 am by PaulKostro
Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The failure of the movant to establish a prima facie case that circumstances subsequent to a divorce judgment have adversely affected the welfare of the children precludes requiring a plenary hearing
11 Feb 2010, 9:38 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Anonymous Internet Critics
12 Dec 2011, 6:30 pm by Timothy P. Flynn
Cooley is represented by the Miller Canfield law firm and the anonymous blogger, using the pseudonym "Rockstar05", is represented by Berkeley, MI attorney John Hermann.For their part, Miller Canfield has been vigorously prosecuting their cause of action, issuing subpoenas in two states [Michigan and California] to the Rockstar05's Internet service provider, seeking to rip the lid off the blogger's identity.In September and October, hearings were conducted on… [read post]
The Law Blogger - http://oplawblog.blogspot.com/
The existence of a partnership
20 Oct 2010, 11:32 am by PaulKostro
NADEL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court is obliged to look to the extent of actual economic dependency, not one’s status as a wife in making its alimony decision
27 Nov 2011, 3:36 pm by PaulKostro
Cox v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Rule 4:58-2 is applicable to arbitration proceedings
4 Oct 2010, 12:14 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Errors of law or fact made by the arbitrator are not correctable by a reviewing court
4 Oct 2010, 12:19 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for summary judgment — should it be granted?
11 Aug 2009, 9:28 am
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorneys are obligated to exercise that degree of reasonable knowledge and skill that lawyers of ordinary ability and skill possess and exercise
24 Feb 2010, 12:44 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues