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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
NAACP v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There are circumstances where previously known facts and information, properly established and relevant to such issues as child support, are brought to the attention of the court, and they should not, as a matter of law, be barred or disregarded
15 Jul 2010, 9:59 am by PaulKostro
Law Lessons from BARBARA SAVINI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is proper for the court to find no basis to impute additional income to defendant over and above her Social Security Disability benefit, if plaintiff presented no evidence rebutting the defendant’s prima facie showing of her inability to work
26 May 2010, 9:54 am by PaulKostro
(citing Golian v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a party fails to remit discovery, the court is permitted to order the dismissal of that party’s pleadings without prejudice
15 Oct 2010, 1:41 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial judge is required to make findings of fact and conclusions of law on every motion decided by a written order that is appealable as of right
22 Oct 2009, 1:38 pm
McCREA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the children’s best interest, a court may modify the parties’ consent judgment of divorce
16 Jul 2009, 10:25 am
Kinsella 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
Group, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them
25 Feb 2010, 8:58 am by PaulKostro
” Pacifico v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a motion is based on facts not appearing of record, or not judicially noticeable, the court may hear it on affidavits made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify and
15 Jul 2010, 10:09 am by PaulKostro
Law Lessons from NELLY MARQUEZ V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court may award sufficient alimony to enable the supported spouse to accumulate reasonable savings to protect herself against the day when alimony payments may cease because of her husband’s death or other change in circumstances
1 Jan 2010, 10:27 am by PaulKostro
ZUPPICHINI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A plenary hearing must be conducted when a party seeking to modify a custody order demonstrates that due to a substantial change in circumstances from the time that the current custody arrangement was established, the best interests of the child would be
22 Jul 2010, 8:54 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Even though a court is not obligated to find a past history of abuse before determining that an act of domestic violence has been committed in a particular situation, a court must at least consider that factor in the course of its analysis
9 Aug 2010, 8:29 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In determining whether and to what extent a modification of a PSA is appropriate, the trial court may consider whether any of the equitable distribution was intended to provide for future needs
26 May 2010, 9:46 am by PaulKostro
[Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The equitable authority of courts to modify property settlement agreements is well established
23 Aug 2010, 2:26 pm by PaulKostro
ANTON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The tender years exception to the hearsay rule
7 Jun 2010, 8:13 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Discredited testimony is not considered a sufficient basis for drawing a contrary conclusion
14 Sep 2009, 2:49 pm
Bose Corp. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
NEWS: The U.S. Supreme Court addresses strip searches in schools
25 Jun 2009, 8:09 am
Safford United School District No. 1 v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a domestic violence matter, the decision to award reasonable attorney’s fees falls within the discretion of the court
19 Jul 2010, 2:49 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Laches is the failure to assert a right within a reasonable time resulting in prejudice to the opposing side
22 Jul 2010, 8:45 am by PaulKostro
Sears Mortgage Corp. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Rules of Court require that all depositions be conducted continuously and without adjournment unless a party seeks suspension of the deposition in order to seek a protective order, or to seek an order to compel the deponent to answer a question
9 Aug 2010, 6:07 am by PaulKostro
MAHMOUD V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues