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In order to recover damages based on legal malpractice, a plaintiff has the burden to show, by a preponderance of the evidence, that specific damages were sustained as a proximate result of a defendant’s wrongful conduct
10 Feb 2012, 2:49 pm by PaulKostro
PETER U. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The provisions of the FAA are exclusive and cannot be expanded through contractual agreement
5 Aug 2009, 11:00 am
C. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Under the Hague Convention, a child abducted in violation of rights of custody must be returned to the child’s country of habitual residence, unless certain exceptions apply
18 May 2010, 7:39 am by PaulKostro
TIMOTHY MARK CAMERON ABBOTT v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Yesterday in U.S. v. Tsarnaev: Prosecution Witnesses
5 Mar 2015, 12:00 pm by Andy Wang
The final witness for the day was Karen McWatters, a resident of Somerville, Massachusetts. [read post]
Lawfare - http://www.lawfareblog.com/
As a general rule, the Hague Convention provides that a wrongfully removed or retained child must be returned to the home state in the U.S.
22 Feb 2011, 7:48 am by PaulKostro
GOLDMAN v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Making fun of your family
9 May 2010, 9:41 am by PaulKostro
SUNDA CROONQUIST, U. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If you are not a U.S. citizen, and you are involved in drugs, you may be deported!
21 Jun 2010, 12:18 pm by PaulKostro
Do NOT do drugs; but if you do, and you are caught, read: Justices Ease Deportation Rule in Minor Drug Cases, by ADAM LIPTAK, published in The New York Times; and also, CARACHURI-ROSENDO v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Six AM No Knock Warrant Gets Burleson County Deputy Killed as Homeowner Arrested for Capital Murder: Is There an 1983 Suit Here?
31 Dec 2013, 3:44 pm by Michael Lowe
Wisconsin, 520 U. [read post]
Dallas Criminal Defense Lawyer Blog - http://www.dallasjustice.com/dallascriminallawyerblog
A final restraining order entered under the Prevention of Domestic Violence Act may be dissolved upon good cause shown
24 Mar 2010, 7:55 am by PaulKostro
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
[Second,] [u]pon such a showing, a court may order discovery and hold a hearing to determine the supporting spouse’s ability to pay. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Unless a transcript of an audio or video tape played during a court proceeding is marked into evidence, a verbatim record shall also be made of the content of an audio or video tape played during the proceeding
15 Sep 2009, 7:18 am
Law Lessons from N.V. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A payor spouse is as much entitled to reconsideration of alimony where there has been a significant change for the better in the circumstances of the dependent spouse as where there has been a significant change for the worse in the payor’s own
10 Jun 2009, 4:15 pm
“[U]nder Lepis, a payor spouse is as much entitled to reconsideration of alimony where there has been a significant change for the better in the circumstances of the dependent spouse as where there has been a significant change for the worse in the payor’s own circumstances. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The right to partition is not absolute
23 Jul 2012, 2:53 am by PaulKostro
Newman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The equitable doctrine of forum non conveniens empowers a court to decline to exercise jurisdiction when a trial in another available jurisdiction will best serve the convenience of the parties and the ends of justice
17 Apr 2011, 10:50 am by PaulKostro
“[U]nless the balance is strongly in favor of the defendant, the plaintiff’s choice of forum should rarely be disturbed. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Issues related to modification of alimony
18 Mar 2010, 10:54 am by PaulKostro
[Second,] [u]pon such a showing, a court may order discovery and hold a hearing to determine the supporting spouse’s ability to pay. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The general rule is that unless an attorney is specifically authorized by the client to settle a case, the consent of the client is necessary
15 Sep 2009, 4:30 am
Stout v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Enjoining the filing of motions should be considered only following a determination that the pleadings demonstrate the continuation of vexatious or harassing misuse of judicial process
3 Feb 2010, 12:47 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Applications and provisions concerning child support are explicitly excluded from a child custody determination
17 Apr 2011, 11:23 am by PaulKostro
See Dalessio v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
D.C. Circuit Court of Appeals panel questions Corps’ approval of shopping center outside Tampa
22 Sep 2011, 2:12 pm by Steve Davies
Plaintiffs Chris Loy and Richard Somerville also sued the Corps. [read post]
Endangered Species and Wetlands Report - http://www.eswr.com/
The doctrine of probable intent is not applicable where a Will is clear on is face and there is no failure of any bequest or provision
3 Aug 2009, 8:13 am
Div. 1997) (stating “[u]nder the probable intent doctrine, New Jersey courts construe wills to ‘ascertain and give effect to the probable intention of the testator’”) (quoting Fidelity Union Trust Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues