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21 Dec 2009, 10:06 am by PaulKostro
As to erroneous applications of the law, APDRA provides: Whenever it appears to the court to which application is made, pursuant to this section, either to vacate or modify the award because the umpire committed prejudicial error in applying applicable law to the issues and facts presented for alternative resolution, the court shall, after vacating or modifying the erroneous determination of the umpire, appropriately set forth the applicable law and arrive at an… [read post]
18 Dec 2009, 9:22 am by PaulKostro
., A-2062-08T3, December 18, 2009: The “law of the case” doctrine, wich discourages relitigation of un-reversed decisions made during the trial, is not applicable when the earlier decision was either ambiguous or uncertain. [read post]
17 Dec 2009, 9:05 am
"[T]he child's best interest is advanced by not awarding custody to the parent" only if the presumption is rebutted by "application of the parental termination standard or a finding of 'exceptional circumstances[,]'" ibid., such as "the third party ha[ving] become a psychological parent" to the child. [read post]
14 Dec 2009, 12:51 pm
D'Aniello teaches further that, generally, a person who is divorced from bed and board may be entitled to benefit from their spouse's employer provided "family" or "spousal" health insurance coverage, and from the survival benefits from a spouse's employer provided pension plan; HOWEVER, the terms of the insurance and pension plan need to be checked carefully, as some have exclusionary language, such that they may not be applicable to individuals who… [read post]
11 Dec 2009, 6:35 am
"However, where the application for leave to amend is made long after the action has been certified for trial, judicial discretion in allowing such amendments should be discrete, circumspect, prudent, and cautious'" (Morris v Queens Long Is. [read post]
3 Dec 2009, 8:03 am
To that end, the Legislature . . . encourages the broad application of the remedies available under this act in the civil and criminal courts of this State. [read post]
1 Dec 2009, 3:34 pm
To obtain an Court Order for Pendente Lite relief, an appropriate Motion needs to be filed with the Court â€" the applicable Court Rules are: Rule 5:5-4, which regulates the process of filing Motions in Family Actions Rule 5:5-2, which addresses Case Information Statements Rule 5:6A, which addresses child support Rule 5:3-5, which addresses attorney fees Rule 5:3-7, which addresses the remedies available for Violation of Order for Parenting Time, Alimony or Support Rule… [read post]
25 Nov 2009, 3:00 am
(Afro-IP)   Nigeria Members of Nigeria’s musical copyright society visit South Africa for training (Afro-IP)   Poland Gazeta wants to free seized jackets bearing counterfeit Winnie the Pooh mark for use by poor children (Class 46)   Portugal New regime for Portuguese fees now in force (Class 46)   South Africa SAGA is teed off – dispute over registration of company name South African Junior Golf Association (SAJGA) (Afro-IP)   Switzerland No peace for UNOX in… [read post]
23 Nov 2009, 8:18 pm by Simon Chester
In New Jersey, another casualty — the law libraries in the Morris and Sussex County Superior courthouses. [read post]
20 Nov 2009, 6:26 am
[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]
12 Nov 2009, 1:19 pm
Morris, [1972] 1 W.L.R. 307, [1972] 1 All E.R. 960 at 971 (Ch.D., Megarry J.) said: … In this judgment I have referred to a number of authorities not cited in argument. [read post]
9 Nov 2009, 6:49 pm by Morris Turek
  You’re thinking that Morris just wants to scare people away from using LegalZoom so that perhaps they will retain him to prepare and file their trademark applications for significantly more money than what LegalZoom charges. [read post]
9 Nov 2009, 6:45 am
In an application brought by a supporting spouse for a downward modification in alimony, a focal issue is the supporting spouse's ability to pay. [read post]
9 Nov 2009, 6:01 am
By David Evans Nov. 9 (Bloomberg) -- Prosecutor Michael Loucks remembers clearly when lawyers for Pfizer Inc., the world's largest drug company, looked across the table and promised it wouldn't break the law again. [read post]
5 Nov 2009, 7:44 am
I should also mention my instructor at CCCC, Lisa Morris Duncan. [read post]
5 Nov 2009, 5:36 am
As we noted last week, the Oregon Supreme Court has agreed to decide a certified question from the Ninth Circuit regarding the application of Oregon's split-recovery statute. [read post]