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Archive for the ‘Litigation’ Category

*All Posts,Appeal,Litigation,Summary Judgment | Tags:

On appeal from a summary judgment motion, the appendix shall include all items submitted to the court on the summary judgment motion

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September 1, 2010 at 12:30 pm

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*All Posts,Litigation,Settlement agreement

A party seeking to set aside a settlement agreement generally has the burden of proving his incapacity or incompetence to contract or other extraordinary circumstance sufficient to vitiate the agreement

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August 31, 2010 at 9:55 am

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*All Posts,Appeal,Litigation,Motions,Summary Judgment | Tags:

Without findings relevant to the legal standards, the litigants and the reviewing court can only speculate about the reasons for the decision

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August 25, 2010 at 1:56 pm

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*All Posts,Frivolous litigation,Litigation,Motions,Sanctions

Motion for sanctions shall be filed with the court no later than 20 days following the entry of final judgment; however, the motion may be filed prior to the entry of final judgment

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August 25, 2010 at 1:35 pm

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*All Posts,Aid of litigants rights,Litigation,Motions,Sanctions | Tags:

Counsel fees as a remedy in aid of litigants rights with respect to enforcement of the court’s orders

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August 24, 2010 at 12:25 pm

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*All Posts,Frivolous litigation,Litigation,Motions,Sanctions

Sanctions motion

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August 24, 2010 at 12:20 pm

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*All Posts,Motions,New trial

Motion for a new trial

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August 24, 2010 at 9:17 am

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*All Posts,Litigation,Motions

Motion for reconsideration

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August 23, 2010 at 6:07 pm

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*All Posts,Evidence,Last Will & Testament,Will & Testament

The test for measuring the existence of a confidential relationship is whether the relations between the parties are of such a character of trust and confidence as to render it reasonably certain that the one party occupied a dominant position over the other and that consequently they did not deal on terms and conditions of equality

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August 23, 2010 at 5:47 pm

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*All Posts,Evidence,Litigation

The failure of a party to produce evidence which would serve to clarify the facts in issue supports an inference that the party failing to produce such evidence fears that the exposure of those facts would be unfavorable to him

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August 23, 2010 at 5:44 pm

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