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Litigation

  • Special facts is a court-created equitable doctrine that allows a land use applicant to avoid the impact of a change of zone enacted while the application is pending, by showing significant governmental delay of the application together with proof that but for the delay, the landowner would have been able to vest in its use before the zoning was changed. In November 2013, the Court of Appeals decided Rocky Point, a case that the plaintiff (represented by the author) hoped would not only allow it to prevail, but would also clarify the special facts doctrine.

    December 31, 2013Linda Margolin
  • New Plan in Mesh Litigation
    Change Would Let Generic Drug Companies Make Not-Yet Approved Label Changes
    Trial over Billion-Dollar Molecules Yields $400,000 Verdict

    December 31, 2013ALM Staff | Law Journal Newsletters |
  • Nashville Federal Court Finds Plausible Copyright Infringement Claim over "Remind Me" Phrase
    Puerto Rico District Court Rules There Were Implied Licenses for Music Festival Artworks, But Were the Licenses Irrevocable?
    Songwriting Income and Record Production Activity Don't Support Long-Arm Jurisdiction

    December 31, 2013Stan Soocher
  • Penthouse Owner Can't Stop Roof Garden
    Co-Op Board Cannot Reallocate Shares

    December 31, 2013ALM Staff | Law Journal Newsletters |
  • By definition, metadata is data about data. For computer files, it includes metadata fields that are hidden to typical users. This information can be valuable for a court case, and it goes beyond standard electronic discovery data collection: it must be gathered and analyzed by a digital forensics specialist.

    December 31, 2013Victor Vital
  • Much like laws concerning marriage and divorce, alimony laws vary among states. However, lack of predictability and consistency in alimony awards within states have put alimony reform in the forefront of political, judicial and social arenas in several states, including New Jersey, Florida and Massachusetts.

    December 31, 2013Eliana Baer
  • The e-discovery industry has come a long way in a short period of time. Fifteen years ago, the career path of an aspiring legal technology professional was quite uncertain. However, over time, clearer career trajectories have begun to emerge based on the career choices of pioneer ' and now veteran ' e-discovery professionals. Analyzing the divergent hiring strategies of service providers and law firms helps reveal those career trajectories.

    December 31, 2013Bowe Kurowski
  • In Part One of this article, we looked at some of the factors courts use in determining whether to impute income to a divorcing spouse, and how much. But one of the most powerful influences on a court's decision to impute income may be its suspicion that a party simply is not being as forthcoming with the truth as he or she should be.

    December 31, 2013Marcy L. Wachtel and Lori Meyer
  • The New Jersey Supreme Court has vigorously defended its supremacy with respect to the administration of the courts from intrusion by other branches of government. The Separation of Powers Doctrine is premised on the theory that government works most efficiently when each of the three branches of government acts independently within its designated sphere.

    December 31, 2013Gary L. Riveles and Cyndee L. Allert