New Jersey appellate court ruled that an anonymous online commenter must reveal his or her identity to members of a church who claim the commenter defamed them. Mauro v. Intellectual Freedom Foundation, Docket No. A-0004-15T2 (App. Div., February 26, 2016) Plaintiffs were members of the World Mission Society Church of God (WMS). WMS was founded in.. read more →
In a recent blog post, I wrote about Steven Gursten, a Michigan blogging lawyer who published a blog post in 2014 about Dr. Rosalind Griffin, a Michigan psychiatrist who testified as a medical expert for the defense in various personal injury cases Gursten filed. Attorney Gursten claimed that Dr. Griffin was one of the “notorious”.. read more →
In this case, the New Jersey Supreme Court held that gifts giving rise to a presumption of undue influence include gifts that strip the donor of all or virtually all his assets, and gifts to a donee on whom the donor depends. Pascale v Pascale, 113 N.J. 20 (1988) In 1939, plaintiff, John J. Pascale,.. read more →
Readers of this blog know that applicants for public benefits often appeal the decisions made by the various administrative agencies involved in providing benefits. Applicants appeal for various reasons, usually based on the outright denial of benefits or an award of fewer benefits than anticipated. The appeals are considered and decided by administrative law judges.. read more →
Caring for an elderly or disabled person frequently involves strenuous physical tasks as well as managing financial matters, organizing care, and more. As a result, caregivers may feel frustrated, isolated, stressed and overwhelmed. Although these feelings are perfectly normal, they can be harmful to both the caregiver and the person needing care. Over time, elder.. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2016 CONFERENCE ON GUARDIANSHIP given by the Guardianship Association of New Jersey, Inc. (GANJI) on Tuesday, March 15, 2016 at the Forsgate Country Club in Monroe Township, NJ Contested guardianships typically involve disputes among adult siblings concerning the safety, living arrangements, autonomy and financial management of.. read more →
Below, in chronological order, is the annual roundup of the top 10 national elder law decisions for the year just ended, as measured by the number of “unique page views” of case summaries on the ElderLawAnswers website. Florida’s High Court Bars Non-Lawyers From Engaging in Medicaid Planning Florida’s Supreme Court ruled that non-lawyers who engage in various.. read more →
Two recent cases are vivid reminders that blogging can be dangerous. Bloggers are being found legally accountable and financially liable for their online postings. The take-away is clear: bloggers, beware: what you write can get you sued, or disbarred. Blogger Found Liable for $600,000 in Defamation Case A libel lawsuit was filed in Georgia by.. read more →
In this will contest involving the doctrine of probable intent, Hon. Robert P. Contillo, P.J.Ch. ruled that a court cannot alter the language of a trust that is plain and unambiguous even when extrinsic evidence strongly suggests that the trust language is not what the settlor intended. Violet and Joseph Nelson had three children: Jacob.. read more →
In 1997, the decedent, Kathleen Boyer, executed a Last Will and Testament and a revocable trust. In the will, she directed that her residuary estate “pour over” into the revocable trust upon her death. She named herself as trustee of the revocable trust and, although she retained complete control of the trust assets during her.. read more →
Vanarelli & Li, LLC on Social Media