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29 Jul 2010, 2:40 am by Dave
An interesting argument emerged before the Court of Appeal in Lekpo-Bozua v Hackney LBC (SoS for Communities and Local Government joined as interested party) [2010] EWCA Civ 909. [read post]
29 Jul 2010, 2:40 am by Dave
An interesting argument emerged before the Court of Appeal in Lekpo-Bozua v Hackney LBC (SoS for Communities and Local Government joined as interested party) [2010] EWCA Civ 909. [read post]
27 Jul 2010, 9:52 am by PaulKostro
However, because the award of counsel fees under the LAD is discretionary, the decision granting or denying the award of counsel fees will not be disturbed on appeal in the absence of a clear abuse of discretion. [read post]
27 Jul 2010, 9:41 am by PaulKostro
An award of equitable distribution is left to the discretion of the trial court and will not be disturbed on appeal “as long as the trial court could reasonably have reached its result from the evidence presented, and the award is not distorted by legal or factual mistake. [read post]
23 Jul 2010, 10:04 am by PaulKostro
., A-4242-08T3, July 23, 2010: Rule 1:7-4(a) expressly provides that a court shall “find the facts and state its conclusions of law . . . on every motion decided by a written order that is appealable as of right . . . . [read post]
23 Jul 2010, 9:53 am by PaulKostro
Rule 1:13-1 states: Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight and omission may at any time be corrected by the court on its own initiative or on the motion of any party, and on such notice and terms as the court directs, notwithstanding the pendency of an appeal. [read post]
21 Jul 2010, 12:00 am by Sex Offender Issues
(father) appeals from an order terminating his parental rights. [read post]
20 Jul 2010, 12:59 pm by David Lat
Other departed partners include Siegfried Ruppert and Guy Chambers, who left for Duane Morris in San Francisco in February. [read post]
19 Jul 2010, 8:11 pm by Michael Sirkin
Macey’s “Promise Premise” works as the governing theme because it is intuitively appealing and allows for private ordering. [read post]
19 Jul 2010, 2:45 pm by randal shaheen
At bottom, the California Supreme Court conducted a detailed analysis of the specific word of the statute, and refused to go beyond their meaning -- even if it means more spam for our already cluttered inboxes. - Sean Morris and Chester Choi [read post]
16 Jul 2010, 3:00 am by John Day
Morris, 975 S.W.2d 308 (Tenn. 1998) (Plaintiff permitted to add defendant’s employer as a party defendant). [read post]
15 Jul 2010, 10:12 am by PaulKostro
., A-1286-09T3, July 15, 2010: Where a motion judge made credibility determinations and “may have a commitment to [her] findings,” a post-appeal plenary hearing must be conducted before a different judge. [read post]
7 Jul 2010, 8:23 am by PaulKostro
Findings by trial judges——including those assigned to the Family Part——are considered binding on appeal when supported by adequate, substantial, and credible evidence. [read post]
5 Jul 2010, 7:59 pm by Steven M. Taber
The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]
4 Jul 2010, 2:24 pm by Mark Bennett
We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. [read post]