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Posts Tagged ‘published’

*All Posts,Counsel Fees | Tags: , ,

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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September 1, 2010 at 11:58 am

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*All Posts,Alimony,Dissolution of final restraining order,Divorce,Domestic-violence,Modification of Alimony | Tags:

A party may show that it is no longer equitable for the judgment to be prospectively applied

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August 23, 2010 at 4:30 pm

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*All Posts,Evidence,Litigation,Motions | Tags:

On a motion based on newly discovered evidence, it must appear that the new evidence would probably have changed the result, that it was unobtainable by the exercise of due diligence in time for trial, and that it is not merely cumulative

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August 23, 2010 at 4:22 pm

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*All Posts,Expert Testimony,Litigation,Motions | Tags:

Decisions regarding witness sequestration are generally left to the discretion of the trial court

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August 23, 2010 at 4:17 pm

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*All Posts,Counsel Fees,Domestic-violence | Tags:

As part of the award for relief in a domestic violence matter, the court may enter an order requiring the defendant to pay to the victim monetary compensation for losses suffered as a direct result of the act of domestic violence

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August 23, 2010 at 4:12 pm

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*All Posts,Evidence,Litigation | Tags:

A leading question is one that suggests what the answer should be or contains facts that should originate with the witness

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August 23, 2010 at 4:10 pm

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*All Posts,Domestic-violence | Tags:

In a Domestic Violence matter, in compelling circumstances, where a party’s ability to adequately present evidence during a domestic violence action may be significantly impaired, a trial judge may, in the exercise of sound discretion, permit limited discovery in order to prevent an injustice

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August 23, 2010 at 4:02 pm

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*All Posts,Criminal,Domestic-violence | Tags:

Although domestic violence is defined by reference to fourteen separate criminal offenses, the purpose of the DVA is to protect the victim, not punish the person who committed the act of domestic violence

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August 23, 2010 at 2:56 pm

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*All Posts,Arbitration,Elder Law,Incompetence & Incapacity Issues,Litigation | Tags: , ,

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

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August 10, 2010 at 12:31 pm

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*All Posts,Child Abuse,Domestic-violence,Evidence,Litigation,Other crimes | Tags: , ,

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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August 5, 2010 at 3:04 pm

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