Tag: need-citation

Attorney fee awards are based in part on the hourly rate of the attorney, compated to the rates charged for similar services of attorneys in the community with comparable skill, experience, and reputation

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The FAA’s clear authorization nullifies the specific prohibition of arbitration provisions in nursing home or assisted living facilities’ contracts

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Where other-crime evidence tends to make the existence of a material fact reasonably likely, it is admissible subject to the probative/prejudice balancing

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The act of allowing a child to witness domestic violence does not equate to abuse or neglect of the child in the absence of additional proofs

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The New Jersey Safe Haven Infant Protection Act

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Before appointing a special medical guardian, the court must determine that the patient is unable to consent to medical treatment, no general or natural guardian is available, immediate medical treatment is necessary, and the patient has not designated a health care representative or executed a health care directive

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Applications to discover the identity of those posting anonymous messages on message boards maintained by Internet service providers

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Courts faced with spoliation claims should strive to impose a remedy that will serve the ends of justice by creating a level playing field, by ensuring that the consequence of the lost evidence falls on the spoliator rather than on an innocent party, and by using their considerable powers to deter future acts of spoliation

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An attorney does not necessarily have to be present any time that there is perceived clash in the interests of a parent based on a familial relationship with the victim or another involved in the investigation

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Discipline for an attorney’s sexual misconduct has ranged from reprimands to disbarment

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