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For there to be a waiver of arbitration rights, a party must know of the right and affirmatively state the intent to waive the right
3 Dec 2009, 6:18 am
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A purpose to harass may be inferred from the evidence presented
22 Jun 2010, 8:13 pm by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Federal Priority Statute
23 Jul 2012, 9:47 am by PaulKostro
” United States v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Assistance of counsel does not apply to a civil matter; a domestic violence complaint is a civil matter
5 Jan 2010, 12:13 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Under principles of issue preclusion, a plaintiff’s allegations of domestic violence rejected by a prior trial judge should not be admitted into evidence in the hearing on a subsequent domestic violence complaint
19 Jul 2010, 2:53 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a parent is seeking to vacate a judgment of guardianship, the parent must present evidence of changed circumstances, and the best interests of the child must be considered
21 Jul 2010, 8:43 am by PaulKostro
STATE OF NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES 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
When a pro se litigant is a law firm earning its income from the private practice of law, there is no reason why that firm should not be entitled to the recovery of attorney’s fees under the offer of judgment rule
2 Nov 2010, 12:23 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
E-ZPass records qualify as a business record
14 Oct 2010, 12:38 pm by PaulKostro
See Garden State Bank v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is patently unethical for a lawyer in a legal proceeding to represent an individual whose interests are adverse to another party whom the lawyer represents in other matters, even if the two representations are not related
4 Sep 2009, 5:52 am
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In an attorney’s fees case, the proponent of an expert witness should first establish that the expert had specialized knowledge of the RPCs or particular expertise on the reasonableness of fee agreements
18 Mar 2012, 10:19 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
BAILII: Recent Decisions
20 Dec 2011, 3:40 am by tracey
Supreme Court Gnango, R. v [2011] UKSC 59 (14 December 2011) Secretary of State for Work and Pensions v Payne & Anor [2011] UKSC 60 (14 December 2011) Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 58 (14 December 2011) Court of Appeal (Civil Division) Revenue And Customs v Lansdowne Partners Ltd Partnership [2011] EWCA Civ 1578 (20 December 2011) Ablyazov & Ors v JSC BTA Bank [2011] EWCA Civ 1588 (20 December… [read post]
Current Awareness Weblog - http://innertemplelibrary.wordpress.com
Ordinarily, a principal is not liable for the negligent acts of its independent contractor; BUT …
17 Mar 2012, 1:42 pm by PaulKostro
Law Lessons from STATE OF NEW JERSEY, ET AL. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If the trial judge misconceives the applicable law or misapplies it, the exercise of legal discretion lacks a foundation and becomes an arbitrary act
25 Feb 2010, 8:55 am by PaulKostro
Div. 2008) (quoting State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Serious annoyance or alarm, means to weary, worry, trouble or offend
17 Mar 2012, 1:24 pm by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Domestic Violence and the Battered-woman’s Syndrome
5 Mar 2010, 12:26 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
While the trial judge must determine whether the expert’s training and experience are sufficient to permit the expert to state an opinion, it remains the jury’s function to determine the worth of that opinion
17 May 2012, 5:41 am by PaulKostro
See also State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Leading questions
14 Oct 2010, 12:54 pm by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A CIS must be filed in all contested family actions, including those involving issues of child custody
23 Dec 2009, 9:49 am by PaulKostro
JONES 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