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Trial judges cannot resolve material factual disputes upon conflicting affidavits and certifications
7 Apr 2010, 8:42 am by PaulKostro
See, e.g., Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the appellate court is unable to detect an express rationale for an attorneys’ fees award, the appellate court must remand for a proper explanation of reasons
11 Dec 2011, 6:20 pm by PaulKostro
See Clarke v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Any settlement offer made before trial is inadmissible at trial
23 Aug 2010, 2:12 pm by PaulKostro
Law Lessons from WILLIAM ENRIQUE AGRAIT V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A return of service is not conclusive evidence of effective service
15 Nov 2010, 1:24 pm by PaulKostro
” ABE Goldfarb v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a decedent’s claim is not extinguished by the decedent’s death, counsel is obligated to move for substitution by decedent’s successors or representatives
11 Aug 2011, 4:43 am by PaulKostro
” Stroman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Assistance of counsel does not apply to a civil matter; a domestic violence complaint is a civil matter
5 Jan 2010, 12:13 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a motion for summary judgment is made during discovery, and the incompleteness of discovery is raised as a defense, that party must establish that there is a likelihood that further discovery would supply the necessary information
25 Aug 2009, 9:45 am
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
WALSH V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The litigation privilege accords attorneys absolute immunity from civil liability regarding any communications made in a judicial proceeding connected to the action and to achieve the objects of the litigation
9 Jun 2011, 6:08 am by PaulKostro
Loigman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court has discretion to determine if expert testimony is admissible
12 Aug 2010, 8:22 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Long-term reconciliation of the parties can serve to nullify a domestic violence restraining order
22 Mar 2010, 12:54 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law requires the court to consider net income, not gross income when determining support obligations
27 Jul 2010, 9:38 am by PaulKostro
” Clarke v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
After a plaintiff establishes the necessary predicate act of domestic violence by a preponderance of the evidence, the second inquiry is to determine whether a restraining order should be issued
23 Jun 2010, 2:31 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Unclean hands in an affirmative defense, while breach of duty good faith and fair dealing is a counterclaim
23 Mar 2011, 9:28 am by PaulKostro
See R. 4:5-4; Glenfed Financial v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party seeking to modify a custody judgment bears the burden of proof
22 Jul 2010, 8:49 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Settlement agreements in matrimonial cases are contracts that should be enforced as long as they are fair and just
19 Oct 2011, 8:13 am by PaulKostro
Petersen v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Laches is an equitable principle applied to a party who, without explanation or excuse, delayed in asserting a claim now stale
14 Aug 2009, 3:53 am
Knorr v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The responsibility to determine whether any particular judge should be disqualified rests with that particular judge
22 Apr 2010, 7:36 am by PaulKostro
HADDAD V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is essential for an incarcerated parent seeking visitation to provide to the trial court a complete factual background about the parties, their relationship, their children and issues affecting custody and visitation
14 Nov 2011, 12:06 pm by PaulKostro
” P.T. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court’s factual findings should not be disturbed if there is sufficient credible evidence in the record to support the findings
30 Jan 2011, 5:43 am by PaulKostro
Cesare v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues