Category: *All Posts

Federal question jurisdiction exists only when a federal question is presented on the face of the plaintiffs properly pleaded complaint

Posted in *All Posts, *Federal Court, Litigation, Removal

In determining whether an implied contract exists in the context of a special employment relationship, the focus is on the relationship between plaintiff and each of his potential employers

Posted in *All Posts, Employment Law, Workers Compensation

Collateral estoppel may apply even if the prior proceeding was an arbitration hearing

Posted in *All Posts, Collateral Estoppel, Litigation

The New Jersey Law Against Discrimination (LAD) prohibits employment discrimination on the basis of a disability unless the nature and extent of the disability reasonably precludes the performance of the particular employment

Posted in *All Posts, Discrimination, Employment Law

Counsel’s presentation of facts which are neither of record, judicially noticeable, nor stipulated, by way of statements in a supporting brief and oral argument do not constitute cognizable facts

Posted in *All Posts, Authentication, Evidence, Litigation

A child’s attendance in postsecondary education may be a basis to delay emancipation and continue support

Posted in *All Posts, Child-support, Cost of Education, Emancipation

An expert must give the why and wherefore supporting his or her opinions

Posted in *All Posts, Evidence, Expert Testimony, Litigation, Net Opinion Rule

It is the obligation of a trial court to state its factual findings and then connect those findings to the legal conclusions in support of the court’s ruling

Posted in *All Posts, Litigation, Motions

A motion for voluntary dismissal

Posted in *All Posts, *Federal Court, Litigation, Motions, Voluntary Dismissal

The decision to deny a motion for reconsideration falls within the sound discretion of the trial judge

Posted in *All Posts, Litigation, Motions, Reconsideration