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A negligent attorney is responsible for the reasonable legal expenses and attorney fees incurred by a former client in prosecuting the legal malpractice action
25 Feb 2010, 8:51 am by PaulKostro
MCKENNA, ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
One of the obligations of a party who intends to seek an award based on frivolous litigation is service of a written notice of its intention to seek sanctions for frivolous litigation and a demand to withdraw the frivolous pleading
25 Feb 2010, 8:48 am by PaulKostro
MCKENNA, ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A lawyer shall not participate in offering or making an agreement in which a restriction on the lawyer’s right to practice is part of the settlement of a controversy between private parties
18 Feb 2010, 9:24 am by PaulKostro
., ET AL., __ N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A decedent’s clearly expressed desire to be cremated should be respected
16 Feb 2010, 9:55 am by PaulKostro
WASHINGTON CEMETERY, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Entire Controversy Doctrine
9 Feb 2010, 10:47 am by PaulKostro
., d/b/a HONDA OF PRINCETON, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Because of the favored status afforded to arbitration, an agreement to arbitrate should be read liberally in favor of arbitration
8 Feb 2010, 9:42 am by PaulKostro
BURLINGTON VOLKSWAGEN, INC., ET AL., __ N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Spoliation of evidence in a prospective civil action occurs when evidence pertinent to the action is destroyed, thereby interfering with the action’s proper administration and disposition
4 Feb 2010, 8:53 am by PaulKostro
VIRGINIA COCKERLINE, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a probate action, allowance may be made for legal fees out of decedent’s estate even if probate is refused
27 Jan 2010, 7:55 am by PaulKostro
MARIA KRASHENINNIKOFF, ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Spoliation is the term that is used to describe the hiding or destroying of litigation evidence
21 Jan 2010, 8:18 am by PaulKostro
Law Lessons from CZESLAW CIAPINSKI, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although title vests in the heirs upon the death of the deceased, the property is nonetheless subject to the supervision of the Executor and the Probate Court
8 Dec 2009, 8:26 am
KATHLEEN HUGIN, ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
While a pro se litigant who fails to abide by court rules is not entitled to greater rights than one represented by counsel, he is still entitled to procedural due process
2 Nov 2009, 7:53 am
Law Lessons from THE ESTATE OF ELYREE SMILEY, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The entire controversy doctrine requires litigants in a civil action to raise all affirmative claims arising from a single controversy that each party might have against another party, including counterclaims and cross-claims
2 Nov 2009, 7:48 am
Law Lessons from THE ESTATE OF ELYREE SMILEY, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court may not enter an order compelling arbitration sua sponte or on the request of one party absent a statute or an agreement of the parties compelling resolution of the dispute in that manner
2 Oct 2009, 9:49 am
MAUREEN BELL ASTERBADI, ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A grandparent may force visitation over the wishes of a fit parent by demonstrating exceptional circumstances whereby he or she has become a psychological parent to the child and stands in the shoes of a parent
29 Sep 2009, 9:03 am
Law Lessons from RABONE GOOLSARRAN, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Alternative Procedure for Dispute Resolution Act vs. the Arbitration Act
18 Sep 2009, 9:49 am
D'AMICO, ET AL., App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of probable intent is not applicable where a Will is clear on is face and there is no failure of any bequest or provision
3 Aug 2009, 8:13 am
RONALD DEVITO, ET AL.; (A-4951-06T1; Decided August 3, 2009): Picture by PhillipC Notwithstanding any limitations in the language of a Will, the probable intent of the testator must prevail. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The taking of a position in litigation that could be supported by a good faith argument for an extension, modification or reversal of existing law negates a claim for frivolous litigation
30 Jul 2009, 3:32 am
SUSANNE ZIEGLER, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Northern District's 2007 Trademark Case Filings Down 9%
22 Jan 2008, 3:19 am
Fedex Lending Corporationfiled 06/01/07   closed 10/23/071:07-cv-03121Kimberly-Clark Corporation et al v. [read post]
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
A Novel Solution to an Ancient Problem: Could the Design Piracy Prohibition Act Offer Fashion Designs Complete Protection from Imitation?
20 Nov 2007, 8:55 am
The fashion industry's products are typically segmented into broad categories forming what has been described as a fashion pyramid, consisting of a designer category at the top with three different segmentations of products.[3] First is a very small trade in haute couture, or extremely expensive custom designed clothing entirely for women.[4] Directly below is a much larger business in designer ready-to-wear clothing for women and men.[5] This tier is further segmented into prestige collections… [read post]
The Journal of the Business Law Society - http://www.law.uiuc.edu/bljournal/