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In order to recover damages based on legal malpractice, a plaintiff has the burden to show, by a preponderance of the evidence, that specific damages were sustained as a proximate result of a defendant’s wrongful conduct
10 Feb 2012, 2:49 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Unconscionable conduct is customarily needed to trigger the application of the unclean hands doctrine
7 Jul 2010, 8:10 am by PaulKostro
” See O’Brien v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Affirmative defense to assault
13 May 2012, 5:13 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The exercise of judicial discretion must have a factual underpinning and legal basis
15 Nov 2010, 1:18 pm by PaulKostro
[Cosme v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To be effective, an accord and satisfaction necessitates a finding that the party making the tender and the party accepting the tender each intends the acceptance to serve as full satisfaction of the entire disputed obligation
3 Mar 2010, 12:33 pm by PaulKostro
Glickfeld v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
No reported decision has ever concluded that the mere passage of time, standing alone, warrants a plenary hearing to modify custody
8 Feb 2010, 10:25 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Temporary unemployment is not grounds for a modification of support
16 Feb 2010, 10:03 am by PaulKostro
” Lepsis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The factors to be considered when establishing the value of services provided by different law firms in the same case
19 Nov 2011, 7:52 am by PaulKostro
See Curtis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The net opinion rule is a prohibition against speculative testimony
24 Aug 2009, 1:28 pm
Jimenez v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An expert’s report must include the expert’s opinion, as well as the facts and data relied upon in forming that opinion
11 May 2011, 9:24 am by PaulKostro
COMES v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Weekday News Wrap: Tuesday, September 4, 2012
4 Sep 2012, 5:00 am by Jessica Dorsey
by Jessica Dorsey The leader of Lebanon’s Hezbollah has said that Iran can strike US bases in the Middle East if Israel were to attack Iran’s nuclear facilities. [read post]
Opinio Juris - http://opiniojuris.org
Things We Lost In The Fire: NY Opinion Reveals That The State Bars Evidence Of Subsequent Remedial Measures
19 Nov 2011, 3:03 pm by Evidence ProfBlogger
Federal Rule of Evidence 407 provides that When, after an injury or harm allegedly caused by an event, measures are taken that, if taken previously, would have made the injury or harm less likely to occur, evidence of the subsequent... [read post]
EvidenceProf Blog - http://lawprofessors.typepad.com/evidenceprof/
Katrina & the Crescent City Connection Blockade
17 Dec 2008, 4:00 am
Alexander, et al v. [read post]
Naked Ownership - http://www.nakedownership.com/
Motion for reconsideration
14 Oct 2010, 12:48 pm by PaulKostro
Marinelli 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
6 Feb 2012, 11:06 am by PaulKostro
V. [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
Chestone 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
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A natural mother may file an action to determine paternity at any time until five years after the child reaches the age of majority
9 Nov 2011, 2:48 pm by PaulKostro
D.O. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judicial officer in the performance of his duties has absolute immunity from suit and will not be liable for his judicial acts
3 Dec 2009, 6:20 am
Capogrosso v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An award of counsel fees in matrimonial matters rests in the discretion of the trial court
3 Aug 2010, 1:55 pm by PaulKostro
Chestone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues