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Archive for the ‘Litigation’ Category

The power of remittitur

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January 8, 2015 at 5:21 am

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The standard for setting aside the entry of a default is decidedly less stringent than that of setting aside a default judgment

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January 5, 2015 at 6:06 am

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The affidavit of merit

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December 31, 2014 at 6:58 am

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The res ipsa loquitur doctrine creates a permissive inference, which may be accepted or rejected by a jury, that if due care had been exercised by the person having control of the instrumentality causing the injury, the mishap would not have occurred

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December 30, 2014 at 9:09 am

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Judges must make findings of fact and conclusions of law on motions decided by written order appealable as of right

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December 24, 2014 at 7:38 am

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Dismissal with prejudice must be a recourse of last resort, not to be invoked unless no lesser sanction is adequate in view of the nature of the default, its attendant prejudice to other parties, and the innocence of the sanctioned litigant

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December 24, 2014 at 7:37 am

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Documents prepared by Division staff are admissible, provided they satisfy the requirements of the business records exception [to the hearsay rule

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December 24, 2014 at 7:35 am

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Ex parte post-verdict communications between a trial judge and jurors are prohibited

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December 24, 2014 at 7:31 am

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There is no requirement a foundation witness possess any personal knowledge of the act or event recorded in a business record

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December 22, 2014 at 2:14 pm

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The Division may submit into evidence reports by staff personnel or professional consultants, and conclusions drawn from the facts stated therein shall be treated as prima facie evidence

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December 22, 2014 at 12:31 pm

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