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The limited nature of an accounting proceeding and the hearing on exceptions, generally, did not provide the appropriate forum nor the requisite procedure for litigating other claims, and also prevented other interested parties from filing affirmative ple
17 Apr 2011, 11:04 am by PaulKostro
See Higgins v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A daughter’s own motherhood alone does not render her emancipated
21 May 2010, 2:25 pm by PaulKostro
Filippone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Kentucky - Run for the Roses in MSP Litigation
3 Mar 2011, 1:46 pm by Medicare Set Aside Services
Last October the Eastern District published an opinion deciding the same issue and in January, a state law case made it to the Kentucky Supreme Court on an issue regarding an MSA  (Hudson v. [read post]
The Official Medicare Blog and Information Resource - http://medicaresetasideblog.com
A person commits a crime if he knowingly or purposely accesses computerized data without authorization or in excess of authorization; or if he so accesses data and then knowingly or recklessly discloses it
9 Feb 2010, 10:21 am by PaulKostro
State of N.J. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
At a minimum, due process requires that a party in a judicial hearing receive notice defining the issues and an adequate opportunity to prepare and respond
29 Apr 2010, 1:58 pm by PaulKostro
See, e.g., Brun v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Remaining Civil Opinions For 2012 from the Illinois Supreme Court
19 Nov 2012, 2:50 pm by Kirk Jenkins
Edward Hospital, No. 112898 – Are actual agency and apparent agency separate claims for purposes of the res judicata doctrine and the prohibition against claim-splitting set forth by the Supreme Court in Hudson v. [read post]
The Appellate Strategist - http://www.appellatestrategist.com
Argument preview: Pre-trial detainees and excessive force in jail
23 Apr 2015, 3:33 pm by Richard M. Re
The Friendly canon enters into the case because Eighth Amendment precedents like Hudson v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Wednesday: What’s Hot on CanLII
6 Jan 2021, 4:00 am by Administrator
Hudson’s Bay Company ULC v. [read post]
Slaw - http://www.slaw.ca
Frivolous litigation sanctions may be imposed pursuant if the judge finds at any time during the proceedings or upon judgment that a complaint, counterclaim, cross-claim or defense of the nonprevailing person was frivolous
11 Aug 2010, 9:19 am by PaulKostro
Fagas v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An obligor who has selected a change in career, must establish that the benefits he or she derives from the career change substantially outweigh the disadvantages to the supported children
25 Aug 2010, 10:52 am by PaulKostro
MASON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An excited utterance is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition and without opportunity to deliberate or fabricate
20 Jul 2009, 8:43 am
In State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There is rarely direct proof of intent to harass, and purpose may and often must be inferred from what is said and done and the surrounding circumstances
3 Dec 2009, 8:03 am
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Trial courts have inherit discretionary power to award attorney’s fees and costs for failure to make discovery
9 Aug 2010, 6:02 am by PaulKostro
MAHMOUD V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
That the parties did not utilize the guidelines in establishing the support obligation in a prior settlement agreement does not absolve the judge from his/her legal obligation to make a guidelines calculation as the starting point for determining the part
5 Oct 2010, 11:20 am by PaulKostro
Zazzo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorney fee awards are based in part on the hourly rate of the attorney, compated to the rates charged for similar services of attorneys in the community with comparable skill, experience, and reputation
1 Sep 2010, 8:58 am by PaulKostro
WALKER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Medical opinions in hospital records should not be admitted under the business records exception where the opponent will be deprived of an opportunity to cross-examine the declarant on a critical issue such as the basis for the diagnosis or cause of the c
17 May 2012, 5:38 am by PaulKostro
Law Lessons from Konop v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
GW Design Law conference: current state of the law
14 Oct 2016, 9:39 am by Rebecca Tushnet
Dayton-Hudson, Fed. [read post]
43(B)log - http://tushnet.blogspot.com/
Examining The Amarin/FDA Off-Label Promotion Settlement
17 Mar 2016, 6:09 am
  Whether that ban is to be evaluated under the older 4-part commercial speech test from Central Hudson Gas & Electric Corp. v. [read post]
Drug and Device Law - http://druganddevicelaw.blogspot.com/
CAFC addresses immoral/scandalous marks in Brunetti; 2(a) bar found unconstitutional
15 Dec 2017, 7:25 pm by Lawrence B. Ebert
See Sorrell v. [read post]
IPBiz - http://ipbiz.blogspot.com/
Guest Post: More Musings on Cappuccitti from Eleventh Circuit Practitioners Eric Jon Taylor and Jon Chally
25 Jul 2010, 7:54 pm
 See Pretka v. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/