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[Eugene Volokh] ‘I lit him up … I could smell something burning’
29 Jan 2016, 6:10 am by Eugene Volokh
Michigan banned stun guns until 2012; the repeal followed a trial court decision holding the statute unconstitutional under the Second Amendment, and People v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Once the moving party has established a prima facie showing of changed circumstances warranting relief, the court has the right to order full discovery regarding the financial circumstances of the other spouse
13 Jul 2010, 9:35 am by PaulKostro
Law Lessons from DEBORAH SMITH V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Absent an agreement to the contrary, child support is not taxable to the recipient, nor included as income for child support purposes
3 Aug 2011, 2:34 pm by PaulKostro
Law Lessons from LESLIE SMITH 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
Konzelman, 158 N.J. 185, 193 (1999) (quoting Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
$21.6 Million Jury Verdict in Tragic Death of Child in Failure to Yield to Cyclist
1 Dec 2022, 8:00 am by Robert Kreisman
Smith v. [read post]
Chicago Personal Injury Lawyer Blog - http://www.chicago-personal-injury-lawyer-blawg.com
Spousal agreements may condition the cessation of alimony on certain conditions, and they may allow alimony to survive remarriage
16 Dec 2009, 8:00 am
Petersen, supra, 85 N.J. at 645 (quoting Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
As a general rule, the filing of a divorce complaint fixes the marriage end date for purposes of determining what property will be eligible for distribution
20 Oct 2010, 11:42 am by PaulKostro
DiGiacomo, 80 N.J. 155, 159 (1979); Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The crime of terroristic threats requires a showing of three essential elements: (1) that the defendant in fact threatened the plaintiff; (2) that the defendant’s intent was to threaten the plaintiff; and (3) that a reasonable person, under an objective s
26 Feb 2010, 8:02 am by PaulKostro
Smith, 262 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties agreed to binding arbitration to resolve any and all fee-related disputes, claims of breach relevant to a reduction of the fee sought are within the scope of their agreement; however, affirmative claims for consequential damages incurred
19 May 2010, 3:07 pm by PaulKostro
WITHUM SMITH & BROWN, ET AL., __ N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a support arrangement provided for the circumstances that are now alleged as changed, it would not ordinarily be equitable and fair to grant modification
2 Mar 2010, 2:52 pm by PaulKostro
” Id. at. 153 (quoting Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties have agreed to provide for a child beyond what is legally required, courts must give due weight to the strong public policy favoring stability of consensual arrangements before freeing a parent from his or her contractual obligations
5 Mar 2010, 11:54 am by PaulKostro
” Smith, supra, 72 N.J. at 360; Clayton v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court may enforce an agreement if it is fair and equitable, but the court’s equitable authority to modify support obligations in response to changed circumstances cannot be restricted
21 Jan 2010, 8:06 am by PaulKostro
” Id. at 193-94 (quoting Smith 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
21 Jun 2010, 10:29 am by PaulKostro
Konzelman, 158 N.J. 185, 193 (1999) (quoting Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Illinois Appellate Court Weighs Measure of Restrictive Covenants in Employment Case; Fifield v. Premier Dealer Services
1 Sep 2013, 6:49 am by Robert Kreisman
Smith, 2011 IL App.(5th) 100048. [read post]
Chicago Injury Lawyer Blog - http://injury.robertkreisman.com/
In contrast with alimony or support awards, a property agreement cannot be adjusted after divorce to reflect unanticipated changes in the parties’ circumstances
28 Apr 2010, 5:26 pm by PaulKostro
Konzelman, 158 N.J. 185, 193 (1999) (quoting Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In determining whether a party should be relieved from an order, courts must balance the strong interests in the finality of litigation and judicial economy with the equitable notion that justice should be done in every case
11 Sep 2012, 9:23 am by PaulKostro
” Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Judicial discretion
14 Oct 2010, 12:56 pm by PaulKostro
[Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party seeking modification has the burden of demonstrating a change in circumstances warranting relief from the support or maintenance obligations
21 Apr 2010, 9:25 am by PaulKostro
’” Id. at 193-94 (quoting Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Emotional distress claim vs. claim for alienation of affections
31 Dec 2009, 3:40 am by PaulKostro
Reference: Smith v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where there is no act or threat of violence, there may be no need for a restraining order
24 Jun 2009, 8:39 am
CRAIG SMITH, App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues