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Decision-making capacity involves four (4) key abilities: the ability to understand information relevant to a decision, to retain the information relevant to the decision, to use the information relevant to the decision as part of the decision-making process and to communicate the decision once it...

Trial lawyers must know where the ethical line is drawn between properly investigating jurors and improperly communicating with them. In today’s Internet-saturated world, the line is increasingly blurred. Therefore, the ethics committee of the American Bar Association (ABA) recently issued an opinion describing a trial lawyer’s...

Although the petitioner in this case, A.G., succeeded in obtaining Medicaid benefits after filing a complaint in federal court (which I’ve blogged about in the past here, here and here), the State of New Jersey recently denied benefits back to the date of the original...

The Affordable Care Act (ACA) is an historic effort by the government to extend medical insurance coverage to all Americans, increase the quality of care, increase accountability, and reduce cost. It’s been said that the ACA changes the relationship between government, health care providers and...

A New Jersey appeals court held that payments made by a Medicaid applicant to her daughter pursuant to a written care agreement under which the daughter provided various services were actually gifts and subject to a transfer penalty. P.W. v. Division of Medical Assistance and Health...