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Archive for the ‘Litigation’ 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,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,Discovery,Litigation,Summary Judgment

A party challenging a motion for summary judgment on grounds that discovery is as yet incomplete must show that there is a likelihood that further discovery will supply necessary information to establish a missing element in the case

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April 28, 2013 at 11:31 am

*All Posts,Collateral Estoppel,Litigation,Res judicata

Judicial policy favors the doctrines of collateral estoppel and res judicata

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April 25, 2013 at 11:57 am

*All Posts,Appeal,Litigation

A trial judge must make findings of fact and conclusions of law, particularly when there is an appeal filed

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April 21, 2013 at 3:47 pm

*All Posts,Defense,Litigation,Negligence,Torts

The New Jersey Charitable Immunity Act

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April 15, 2013 at 9:18 am

*All Posts,Appeal,Litigation

A party on appeal must provide the appellate court with parts of the record, as are essential to the proper consideration of the issues

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April 15, 2013 at 9:13 am

*All Posts,Discovery,Litigation

Discovery submissions are allowed after the discovery cut-off date only if the party seeking to amend certifies therein that the information requiring the amendment was not reasonably available or discoverable by the exercise of due diligence prior to the discovery end date

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April 15, 2013 at 9:08 am