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Archive for the ‘*All Posts’ Category

*All Posts,Litigation

While a litigant is entitled to a fair trial, he is not entitled to a perfect trial

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May 2, 2013 at 9:37 am

*All Posts,Frivolous litigation,Litigation,Sanctions

An assertion is deemed frivolous when no rational argument can be advanced in its support, or it is not supported by any credible evidence, or it is completely untenable

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May 2, 2013 at 9:33 am

*All Posts,Agency

The appearance of authority cannot be established alone and solely by proof of conduct by the supposed agent

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May 2, 2013 at 9:30 am

*All Posts,Involuntary dismissal,Litigation,Motions

The test for motions for involuntary dismissal

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May 2, 2013 at 9:28 am

*All Posts,Evidence,Litigation

A court may draw a negative inference when a party does not call an available witness that the party reasonably might have been expected to call

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May 2, 2013 at 9:24 am

*All Posts,Contracts,Unjust enrichment

To recover on the basis of unjust enrichment, a party must show that the other party received a benefit and that retention of that benefit without payment would be unjust

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May 2, 2013 at 9:22 am

*All Posts,Agreements,Contracts

Even when the contract on its face is free from ambiguity, evidence of the situation of the parties and the surrounding circumstances and conditions is admissible in aid of interpretation

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May 2, 2013 at 9:20 am

*All Posts,Dissipation of marital assets,Divorce,Equitable-distribution

Dissipation of marital assets is a factor relevant to the distribution of marital assets

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May 2, 2013 at 9:16 am

*All Posts,Disability,Discrimination

Disability discrimination

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April 29, 2013 at 1:12 pm

*All Posts,Consumer Fraud Act

The New Jersey Motor Vehicle Warranty Act (Lemon Law)

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April 28, 2013 at 11:33 am