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

Posted in *All Posts, Counsel Fees Tagged with: , ,

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

Posted in *All Posts, Arbitration, Elder Law, Incompetence & Incapacity Issues, Litigation Tagged with: , ,

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

Posted in *All Posts, *Published case, Child Abuse, Domestic-violence, Evidence, Litigation, Other crimes Tagged with: , ,

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

Posted in *All Posts, Child Abuse, Domestic-violence, Loss of Parental Rights Tagged with: , ,

The New Jersey Safe Haven Infant Protection Act

Posted in *All Posts, Child, Child-custody, Loss of Parental Rights Tagged with: ,

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

Posted in *All Posts, Guardian, Incompetence & Incapacity Issues, Medical Self Determination Tagged with: ,

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

Posted in *All Posts, Evidence, Free-speech, Harassment, Intentional infliction of emotional distress, Litigation, Motions Tagged with: , ,

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

Posted in *All Posts, *Published case, Evidence, Litigation, Spoliation of evidence Tagged with: , ,

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

Posted in *All Posts, *Published case, Child, Criminal Tagged with: , ,

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

Posted in *All Posts, *Published case, Attorney-client-relationship, Counsel Fees Tagged with: , ,