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It is impermissible for the court to assume in advance, and in the absence of a factual context, that cohabitation would eliminate the former spouse’s need
3 May 2010, 2:06 pm by PaulKostro
KERRIDGE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The adverse inference charge, also known as the Clawans charge, is available when a party does not call to the stand a witness that the party has the power to produce and whose testimony would be superior to testimony presented at trial
3 May 2010, 1:56 pm by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
At a minimum, due process requires that a party in a judicial hearing receive notice defining the issues and an adequate opportunity to prepare and respond
29 Apr 2010, 1:58 pm by PaulKostro
’” M.C., III, supra, ___ N.J. at ___ (slip op. at 25) (quoting State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parents have a fundamental liberty interest in the care, custody and management of their child
29 Apr 2010, 1:50 pm by PaulKostro
Santosky v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Latest NC Supreme Court Decisions on Medical Malpractice and Employment Law
29 Apr 2010, 9:57 am by Narendra Ghosh
Thompson, the Court (again over a dissent by Justice Hudson) held that the plaintiff did not state a valid claim under the Unfair and Deceptive Trade Practices (UDTP) Act. [read post]
The PathLaw Blog - http://pathlaw.com
When children are natives of New Jersey, judicial approval is required to authorize their relocation to another state
29 Apr 2010, 9:39 am by PaulKostro
Baures v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Million Clinical Multiaxial Inventory-III (MCMI-III) test
29 Apr 2010, 9:34 am by PaulKostro
State Parole Bd., 166 N.J. 113, 160 (2001). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Applications for dismissal under Rule 4:6-2(e)
29 Apr 2010, 9:09 am by PaulKostro
Law Lessons from HONG JUN CHEN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial judge is not obligated to accept an expert’s opinion
28 Apr 2010, 5:03 pm by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Excusable neglect under Rule 4:50-1 has been defined as carelessness attributable to an honest mistake that is compatible with due diligence or reasonable prudence
27 Apr 2010, 8:33 am by PaulKostro
Eaton v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
On a determination of abuse or neglect, the law allows agencies to file a complaint in the Superior Court seeking the termination of parental rights
22 Apr 2010, 9:11 am by PaulKostro
DIVISION OF YOUTH AND FAMILY SERVICES 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
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A Blogger may not be entitled to the “Newsperson’s privilege”
22 Apr 2010, 7:22 am by PaulKostro
” Gastman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Allergan v. FDA - US files reply to its summary judgment motion, court extends schedule
21 Apr 2010, 10:19 pm by Ben Vernia
On March 29, the United States filed a reply brief to its motion for summary judgment in Allergan’s suit against the FDA’s restrictions on the company’s off-label speech concerning Botox. [read post]
False Claims Counsel - http://www.falseclaimscounsel.com/wordpress
The entire controversy doctrine does not apply to bar component claims that are unknown, unarisen, or unaccrued at the time of the original action
21 Apr 2010, 9:35 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A pleading may, as a general matter, be viewed as an admission; however, a pleader’s conclusions of law are not admissions of facts
21 Apr 2010, 9:29 am by PaulKostro
State, 184 N.J. 187, 205-06 (2005); see also Glick v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Supreme Court Rejects Chapter 75 Claim Between Partners
21 Apr 2010, 5:54 am by John Buford
Justice Hudson, joined by Justice Timmons-Goodson, dissented. [read post]
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/
While a custody determination under the UCCJEA includes any judicial ruling related to physical custody and visitation, it does not include issues of support
20 Apr 2010, 9:34 am by PaulKostro
” Griffith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
How Could The Supreme Court Shift After Stevens?
18 Apr 2010, 8:59 am by Tom Goldstein
  His successor could take a broader view of the extent to which federal law controls, which would allow fewer state-law tort suits to proceed. [read post]
SCOTUSblog - http://www.scotusblog.com/
State Denies Water Quality Certificate Necessary for Continued Operation of Indian Point Nuclear Power Plant
15 Apr 2010, 3:05 pm by Vicki Shiah
Last year, in Entergy v. [read post]
SPR Environmental Law Blog - http://blog.sprlaw.com