Search for: "Somerville, Appeal of" Results 121 - 140 of 183
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12 Nov 2009, 2:44 am
However, there are a couple of elements of the Suspect’s methods which may make the case more appealing to federal authorities. [read post]
12 Aug 2010, 9:09 am by PaulKostro
Findings that “may be regarded as mixed resolutions of law and fact” receive the same deference on appeal, with review “limited to determining whether there is sufficient credible evidence in the record to support these findings[.] [read post]
28 Mar 2011, 7:24 am by PaulKostro
On the other hand, if the plaintiff applied for counsel fees promptly and the court promptly made an award, the defendant would have a more informed basis to decide whether an appeal is economically worth pursuing, given the size of the fee award as compared with the anticipated costs of an appeal. [read post]
14 Oct 2010, 12:56 pm by PaulKostro
Where the trial court makes a discretionary ruling, that decision will not be reversed on appeal absent a showing of an abuse of discretion. [read post]
30 May 2018, 9:00 am by Mike Habib, EA
Lyft has handed over most of that information, the city attorney’s office said, but Uber has appealed a court order to comply. [read post]
15 Oct 2011, 7:59 am by Simmons & Schiavo
Recently, a federal appeals court in Washington, D.C. issued a decision that makes these easements easier. [read post]
22 Jul 2009, 2:04 pm
(A-3805-07T3; Decided July 21, 2009): Picture by eliazar The matter under review in this appeal turns on the issue whether plaintiff and defendant were in a dating relationship for purposes of the Prevention of Domestic Violence Act (the Act), N.J.S.A. 2C:25-17 to 35. [read post]
27 Jul 2010, 9:52 am by PaulKostro
However, because the award of counsel fees under the LAD is discretionary, the decision granting or denying the award of counsel fees will not be disturbed on appeal in the absence of a clear abuse of discretion. [read post]
11 Sep 2012, 9:23 am by PaulKostro
On appeal, the appellate court will not disturb the exercise of that judicial discretion unless the moving party demonstrates that the denial of the motion represents a clear abuse of discretion. [read post]
3 Aug 2009, 8:57 am
Super. at 468, an obligor spouse appealed a trial judge’s order denying his postjudgment application to reduce his alimony obligation based on his diminished earnings. [read post]
16 Feb 2010, 11:05 am by PaulKostro
Div. 1977)(biological mother’s unopposed appeal was remanded for a hearing on whether visitation would be in the fifteen-year-old child’s best interests). [read post]
29 Jun 2010, 8:31 am by PaulKostro
It is not applicable in the first instance to an appeal filed in the Appellate Division. [read post]
4 Oct 2010, 12:19 pm by PaulKostro
On appeal from a trial court’s decision vacating an arbitration award, our review is de novo, that is, “‘[a] trial court’s interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference. [read post]
25 Aug 2010, 10:56 am by PaulKostro
., A-1519-09T3, August 25, 2010: Rule 1:7-4(a) denotes a trial court’s obligation to make findings of facts and state conclusions of law “on every motion decided by a written order that is appealable as of right. [read post]
22 Sep 2009, 8:54 am
Dare told reporters he may appeal the decision. [read post]
15 Feb 2011, 9:19 am by PaulKostro
In addition, for all motions “decided by a written order that [are] appealable as of right,” the court must “by an opinion or memorandum decision, either written or oral, find the facts and state its conclusions of law thereon. [read post]