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An attorney’s failure to either appear for trial, request an adjournment, or send associates prepared for trial provides a basis for the imposition of sanctions
5 Feb 2011, 11:45 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The expungement-of-records statute
5 Feb 2011, 11:09 am by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court’s factual findings should not be disturbed if there is sufficient credible evidence in the record to support the findings
30 Jan 2011, 5:43 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Stipulations at child abuse fact-finding hearings
12 Jan 2011, 12:36 pm by PaulKostro
Ed. 2d 647 (1984), and adopted in State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When interpreting the meaning or effect of a term in a will, deed or trust, or like instrument absolutely transferring property, the court’s search is for the probable intention of the testator or settlor
22 Dec 2010, 3:13 pm by PaulKostro
[Rippel v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An arbitrator may award reasonable attorney’s fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding
30 Nov 2010, 9:55 am by PaulKostro
RYBA V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Real property, capital assets, investment portfolio, and capacity to earn by diligent attention to business are all appropriate factors for a court to consider in the determination of alimony modification
16 Nov 2010, 9:52 am by PaulKostro
[Larbig v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The exercise of judicial discretion must have a factual underpinning and legal basis
15 Nov 2010, 1:18 pm by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a pro se litigant is a law firm earning its income from the private practice of law, there is no reason why that firm should not be entitled to the recovery of attorney’s fees under the offer of judgment rule
2 Nov 2010, 12:23 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fairness of a child support award is dependent on the accurate assessment of a parent’s net income
2 Nov 2010, 12:16 pm by PaulKostro
Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Self-proving will
2 Nov 2010, 10:37 am by PaulKostro
As the Court observed in Haynes v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The decision to appoint a guardian ad litem is left to the court’s reasonable exercise of discretion, when special circumstances arise
27 Oct 2010, 9:42 am by PaulKostro
Improvement Auth. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
New Jersey’s expungement statute expresses a clear, primary objective of providing relief to the one-time offender who has led a life of rectitude and disassociated himself with unlawful activity
27 Oct 2010, 9:22 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the child’s biological parent resists termination of parental rights, it is the court’s function to decide whether the parent can raise the child without causing harm
25 Oct 2010, 2:31 pm by PaulKostro
” Parham v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Due process requires that, in order for a forum state to exercise personal jurisdiction over a defendant, the defendant must have minimum contacts with the forum such that maintenance of the lawsuit does not offend traditional notions of fair play and sub
22 Oct 2010, 3:51 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A state court lacks authority to compel a federal agency to comply with a subpoena
21 Oct 2010, 8:21 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Any interested party may file a complaint to compel an executor to settle the estate’s account
18 Oct 2010, 12:06 pm by PaulKostro
Court Rules, comment on R. 4:85-3 (2010) (citing Marte v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The grant or denial of an adjournment request rests within the discretion of the trial court
15 Oct 2010, 1:38 pm by PaulKostro
” In re Segal, 130 N.J. 468, 482 (1992) (quoting State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Sanctions may be imposed for frivolous pleadings
15 Oct 2010, 1:36 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where bad faith is found, when awarding attorney fees, the court need not consider the financial circumstances of the parties
15 Oct 2010, 1:27 pm by PaulKostro
Yueh v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues