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Bankruptcy Tweets of 2011-2012 Cases - A Year in Review - V.1
30 Aug 2012, 9:22 am
http://www.bankruptcylitigationblog.com/uploads/file/CASTLETON-BK-SD-IN-LORCH-9-30-11.pdf … B-SDNY: Absent exigent circumstances, stay imposed per Ch 15 is coterminous w/stay in corresponding foreign proceeding. http://www.bankruptcylitigationblog.com/uploads/file/DAEWOO-BK-SD-NY-LIFLAND-10-5-11.pdf … B-IA dismisses §548(a)(1)(B) cplt under Twiqbal based on failure to adequate plead insolvency, even if FRCP 9 inapplic.… [read post]
Bankruptcy Litigation Blog - http://www.bankruptcylitigationblog.com/
If the over-eighteen child (now adult) does not seek the compulsory financial support of a parent, then that parent should not have any legal control over the adult child so long as that child is competent and can independently function as an adult
25 Aug 2012, 4:37 am by PaulKostro
In Gac v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Items seized during a search conducted pursuant to a warrant issued under the Prevention of Domestic Violence Act can serve as the basis for a subsequent criminal prosecution if their illegal nature is immediately apparent
20 Aug 2012, 2:46 pm by PaulKostro
Law Lessons from State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Drawing the line between acts that constitute harassment for purposes of issuing a domestic violence restraining order and those that fall instead into the category of ordinary domestic contretemps presents our courts with a weighty responsibility and con
18 Aug 2012, 4:04 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Undue influence
16 Aug 2012, 8:45 am by PaulKostro
Trumbull v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Reconsideration is to be distinguished from the Family Part’s inherent equitable powers to modify provisions of prior orders based upon changed circumstances
15 Aug 2012, 7:44 am by PaulKostro
[Palombi v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
DV defendant’s testimony may not be used as affirmative evidence in a related criminal prosecution; however, if a defendant chooses to testify, he or she would be subject to cross-examination to the same extent as the DV complainant
5 Aug 2012, 12:21 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The subject matter of some reports – e.g., psychological evaluations and a bonding evaluation – entailed the exercise of subjective judgment rather than a straightforward, simple diagnosis based upon objective criteria or one upon which reasonable profess
27 Jul 2012, 9:47 am by PaulKostro
., 161 N.J. 337, 346-47 (1999) (recognizing “the complexity and subjectivity involved in evaluating parental fitness”); State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The State must provide the parents with fundamentally fair procedures before a parent’s rights are terminated
27 Jul 2012, 9:35 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Under the UIFSA, the duration of child support for a particular child is controlled by the law of the first state to address his or her support
16 Jul 2012, 2:51 pm by PaulKostro
GUARDIOLA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The admissibility at trial of evidence of other crimes, wrongs, or acts
12 Jul 2012, 1:01 pm by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An at-will partnership
3 Jul 2012, 8:19 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Myles v. Prosperity Mortgage: Dukes Inapplicable to FLSA Certification
13 Jun 2012, 11:28 am by rhall@initiativelegal.com
’”  Id. at 10, citing Winfield v. [read post]
Impact Litigation Journal - http://impactlitigation.com/
While the trial judge must determine whether the expert’s training and experience are sufficient to permit the expert to state an opinion, it remains the jury’s function to determine the worth of that opinion
17 May 2012, 5:41 am by PaulKostro
See also State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Medical opinions in hospital records should not be admitted under the business records exception where the opponent will be deprived of an opportunity to cross-examine the declarant on a critical issue such as the basis for the diagnosis or cause of the c
17 May 2012, 5:38 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The introduction of evidence concerning other crimes, wrongs, or acts is prohibited when offered to prove the disposition of a person to engage in unlawful conduct
15 May 2012, 8:36 am by PaulKostro
’” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Terminating parental rights without any compensating benefit, such as adoption, may do great harm to the child
14 May 2012, 3:40 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Affirmative defense to assault
13 May 2012, 5:13 am by PaulKostro
See also State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The offer of judgment rule
8 Apr 2012, 9:11 am by PaulKostro
Simon v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Dating relationship
27 Mar 2012, 4:18 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues