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Where an agreement provided for reimbursement for attorney’s fees if one party willfully violated its terms, the first task of the court should be to determine whether these provisions are fair and just and, thus, enforceable
29 Mar 2011, 8:19 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
While incorporation of a PSA into a divorce decree does not render it immutable, nor its terms solely governed by contract law, nevertheless, if found to be fair and just, it is specifically enforceable in equity
4 Aug 2011, 7:34 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Supreme Court's Plenary Docket--Part One
20 Apr 2009, 2:37 pm
Spagone (which was dismissed upon motion of the United States), and the cases that have been dismissed as improvidently granted (Phillip Morris v. [read post]
Balkinization - http://balkin.blogspot.com/
Judicial estoppel operates to bar a party to a legal proceeding from arguing a position inconsistent with one previously asserted
17 Jan 2012, 1:45 pm by PaulKostro
Cummings v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party challenging the validity and enforceability of a PSA must show that its terms, in light of changed circumstances, are unfair and unjust
10 Nov 2011, 3:14 pm by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial judge has broad discretion in reviewing an application to modify alimony
11 May 2011, 9:11 am by PaulKostro
Storey v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A substantial likelihood of some harm visited upon the plaintiff in the event of an unfavorable decision is needed for the purposes of standing
16 Feb 2010, 10:10 am by PaulKostro
NAACP v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A plaintiff need not seek relief from a settlement prior to seeking relief against an attorney
25 Aug 2010, 10:39 am by PaulKostro
Duane Morris, LLP., 200 N.J. 79 (2010), the court explained that Ziegelheim v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Do you know? Agreements cannot waive future claims
17 Feb 2009, 12:19 am
Take, for example, Hamilton v. [read post]
Ohio Employer's Law Blog - http://ohioemploymentlaw.blogspot.com/
More orders, but no new grants
16 Jan 2018, 7:53 am by Amy Howe
Abbott and Morris v. [read post]
SCOTUSblog - http://www.scotusblog.com/
My friendly efforts in Claiborne and Rita
18 Dec 2006, 8:25 pm
United States, 488 U.S. 361 (1989), to Koon v. [read post]
Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Arbitration and Consumer Fraud
30 Jan 2012, 6:10 pm
., Inc. v. [read post]
New Jersey Lemon Law Lawyer Blog - http://www.newjerseylemonlawlawyerblog.com/
Where bad faith is found, when awarding attorney fees, the court need not consider the financial circumstances of the parties
15 Oct 2010, 1:27 pm by PaulKostro
Yueh v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Despite agreements to the contrary, an award of fees can be made when the parties have unequal financial positions
2 Nov 2011, 9:59 am by PaulKostro
Heinl v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is clearly improper to base a finding of domestic violence upon acts or a course of conduct not even mentioned in the complaint
24 Oct 2011, 2:34 pm by PaulKostro
Peterson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Elements of an accord and satisfaction
1 Aug 2011, 10:55 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An attorney who commits legal malpractice is only liable for the losses proximately caused by such malpractice
13 Dec 2011, 7:25 am by PaulKostro
Corp. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Fiduciary relationships do not accrue where the parties deal on terms of equality, even though they are, at the same time, family members and business associates
24 May 2011, 3:18 am by PaulKostro
ONG v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Fraud upon the court is not a tort giving rise to a civil action for damages and trial by jury; it is an equitable remedy that affords relief from a judgment that may be accompanied by imposition of sanctions
16 Dec 2011, 1:57 pm by PaulKostro
Triffin v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Gloucester County Schools: Va. Code Ann. §8.01-47 - a Lawyer's Immunity
2 Mar 2009, 6:30 am
Morris, supra. [read post]
Virginia Injury Attorney Blog - http://www.virginiainjuryattorneyblog.com/