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In an August 29, 2013 unpublished decision, the Appellate Division considered and affirmed the trial court’s denial of a nursing home’s motion to dismiss a personal injury and wrongful death claim brought by the estate of a former...
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The New Jersey Supreme Court ruled that a settlement that is reached at mediation but not reduced to a written agreement signed by the parties before the mediation ends will not be enforceable. Willingboro Mall v Franklin Ave...
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An “advance medical directive” (also known as a “health care advance directive” or “instruction directive”) is a written statement made by the patient concerning future health care wishes. Advance directives consist of two parts: a “living will” and...
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A New York judge held that the trustees of a special needs trust have a duty to the disabled beneficiary to inquire into the beneficiary’s condition and to apply trust income to improving it, and that it is...
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In an opinion that breaks sharply with established practice, the New Jersey Supreme Court ruled that an application by a divorced spouse to pay child support for a disabled child into a special needs trust should be granted...
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