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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
’” Id. at 321 (quoting McKeown-Brand v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Each litigant bears his, her or its litigation costs even where there is litigation which is of marginal merit
11 May 2011, 9:38 am by PaulKostro
(quoting McKeown Brand v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A grant of a motion for summary judgment in favor of a defendant, without more, does not support a finding that the plaintiff filed or pursued the claim in bad faith
28 Jul 2009, 3:49 am
” McKeown-Brand v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for sanctions shall be filed with the court no later than 20 days following the entry of final judgment; however, the motion may be filed prior to the entry of final judgment
25 Aug 2010, 10:35 am by PaulKostro
” McKeown-Brand 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
(quoting McKeown Brand v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Procedure under the Prevention of Domestic Violence Act
12 Jul 2010, 9:13 am by PaulKostro
J.C.S., 175 N.J. 309, 321 (2003) (quoting McKeown-Brand v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
(citing McKeown-Brand v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A claim is frivolous if no rational argument can be advanced in its support, when it is unsupported by any credible evidence, when a reasonable person could not have expected its success, or when it is completely untenable
23 Jul 2009, 6:02 am
” McKeown-Brand 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
J.S.C., 175 N.J. 309, 321-22 (2003) (quoting McKeown-Brand v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Sanctions for frivolous litigation
17 Jun 2011, 10:34 am by PaulKostro
LUSTIG v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The taking of a position in litigation that could be supported by a good faith argument for an extension, modification or reversal of existing law negates a claim for frivolous litigation
30 Jul 2009, 3:32 am
Super. at 144; see also McKeown-Brand v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues