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Where a course of performance is inconsistent with the language of an agreement, which one party claims to be erroneous, a court may look to the course of performance to determine the parties’ intent and understanding and construe and reform the
28 Oct 2009, 10:21 am
See, e.g., State Troopers Fraternal Ass’n of N.J., Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A fact finder is never bound to accept the testimony of expert witnesses, even if it is unrebutted by any other evidence
6 Jan 2012, 9:01 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
S.D. Texas Notes Split and Grant of Certiorari on Whether a PRP May Sue Another PRP for Cost Recovery or Contribution under Section 107(a) of CERLA
6 Feb 2007, 3:44 am
United States, 459 F.3d 827, 832 (8th Cir.2006) and Consolidated Edison Co. of New York, Inc. v. [read post]
Split Circuits - http://splitcircuits.blogspot.com/
It is appropriate to impute income to a spouse based on his or her substantial investments in non-income producing stocks
13 May 2010, 1:06 pm by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Court of Appeal Confirms that Private Utilities Can be Liable for Inverse Condemnation, and Held to the Same Standard as Public Utilities
5 Sep 2012, 5:37 am by Ben Rubin
   In Pacific Bell Telephone Company v. [read post]
California Eminent Domain Report - http://www.californiaeminentdomainreport.com
The trial court has discretion to determine if expert testimony is admissible
12 Aug 2010, 8:22 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Hearsay statements made in good faith for purposes of medical diagnosis or treatment
13 Dec 2011, 7:13 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A legal permanent resident who becomes an ‘aggravated felon’ may be deported from the US
27 Jul 2009, 10:40 am
Law Lessons from State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Breach of Contract
14 Mar 2010, 6:00 am by PaulKostro
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
The Legacy of A.B. Dick and Motion Picture Patents: How these 100+ Year Old Ruling Reshaped Patent Law
15 May 2024, 7:51 am by Dennis Crouch
Impression Products, Inc. v. [read post]
Patently-O - https://patentlyo.com
The likelihood of prejudice is acute when the proffered evidence is proof of a defendant’s uncharged misconduct
19 Jul 2010, 3:26 pm by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The “law of the case” doctrine, wich discourages relitigation of un-reversed decisions made during the trial, is not applicable when the earlier decision was either ambiguous or uncertain
18 Dec 2009, 9:22 am by PaulKostro
See also, State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Court of Appeals Watch
22 Aug 2010, 8:27 pm by Richard Montes
Consildated Edison Co. (78 N.Y.2d 509 [1991]) stating that in "each of these cases the dimensions of the opening in the floor were not sufficiently significant that the worker could be said to have been working at an elevation. [read post]
New York Appellate Law Blog - http://mlnappeals.blogspot.com/
Affirmative defense to assault
13 May 2012, 5:13 am by PaulKostro
See also State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Meal Period Laws Do Not Apply to Public Entities, Court of Appeal Holds
21 Sep 2010, 3:00 pm by Steven G. Pearl
(See, e.g., Monzon v. [read post]
The California Wage and Hour Law Blog for Employees - http://cawageandhourlaw.blogspot.com/
Summary judgment of non-infringement affirmed by CAFC in Red Dog v. KAT
5 Nov 2016, 1:14 pm by Lawrence B. Ebert
United States v. [read post]
IPBiz - http://ipbiz.blogspot.com/
Oral Argument Preview: Are Deposition Transcripts Used For Summary Judgment Taxable As Costs ? Vossman v. AirNet Systems, Inc. et al.
16 Apr 2019, 6:02 am by MBettman
”) Edison Co. v. [read post]
Legally Speaking Ohio - http://www.legallyspeakingohio.com
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 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
New Jersey State Chamber of Commerce [v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues