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Archive for October, 2008

*All Posts,Palimony Issues

Palimony is the enforcement of a broken promise made for future support; it is not recompense for years spent in a failed relationship

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October 27, 2008 at 7:23 am

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*All Posts,Counsel Fees,Domestic-violence

Counsel fees are considered compensatory damages in the context of a domestic violence action

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October 27, 2008 at 6:58 am

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*All Posts,Litigation

Rule 1:10-3 creates a private right of action on the part of a litigant in any action to seek enforcement of his or her rights

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October 22, 2008 at 8:44 am

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*All Posts,Litigation

Summary judgment is appropriate if there is “no genuine issue as to as to any material fact challenged and the moving party is entitled to a judgment or order as a matter of law

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October 22, 2008 at 8:40 am

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*All Posts,Claim for Personal Injuries,Divorce,Domestic-violence

Claims for Negligent Infliction of Emotional Distress (NIED) or Intentional Infliction of Emotional Distress (IIED) may be dismissed if the claimant failes to establish a prima facie case

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October 22, 2008 at 8:33 am

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*All Posts,Defense,Litigation

The law of res judicata bars re-litigation of any issue actually determined in a prior action between the same parties involving a different claim or cause of action

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October 22, 2008 at 8:26 am

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*All Posts,Appeal,Litigation

A party’s dissatisfaction with the trial court’s findings should be the basis for direct appeal or a motion for a new trial, not a motion for relief from judgment

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October 22, 2008 at 8:18 am

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*All Posts,Child-support-modification,Modification of Alimony

Courts have consistently rejected requests for modification based on circumstances which are only temporary or which are expected but have not yet occurred

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October 16, 2008 at 10:01 am

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*All Posts,Counsel Fees

When a trial court fails to make findings to support its award of counsel fees, the award must be set aside

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October 16, 2008 at 8:49 am

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*All Posts,Appeal,Litigation

Excusable neglect is an honest mistake that is compatible with due diligence or reasonable prudence

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October 16, 2008 at 6:59 am

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