Category

Litigation
04
Jun

In Probate Litigation, Fraud Claims Dismissed; Complaint “Did Not Even Suggest A Basis For The Requested Relief” 

June 4, 2017
Plaintiff Neil Epstein sued Barbara Epstein Petka, claiming that, as a result of her fraud...
29
May

For The First Time, New Jersey Court Permits Service of Process Via Facebook Post

May 29, 2017
In a case of first impression in New Jersey, Hon. Stephan C. Hansbury, Presiding Judge...
11
May

Donald D. Vanarelli, Esq. Attends NAELA Annual Conference on Elder Law and Special Needs Planning

May 11, 2017
[gview file=”http://vanarellilaw.com/wp-content/uploads/2017/05/Press-Release-2017-Annual-Conference-Attendee.docx”] For additional information concerning NJ elder law and special needs planning visit: http://vanarellilaw.com/legal-services/
09
May

Donald D. Vanarelli, Esq. to Present at the “2017 Sophisticated Elder Law” Seminar

May 9, 2017
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the “2017 Sophisticated Elder Law” seminar given...
12
Mar

Frivolous Litigation Sanctions Denied Because Supporting Certification Used Term “May Be” Instead of “Am”

March 12, 2017
The decedent, Kathryn Parker Blair, had executed a will bequeathing her estate to her siblings...
27
Feb

Summary Judgment Appropriate in Probate Lawsuit Involving Allegations of Incompetency and Undue Influence

February 27, 2017
The Appellate Division affirmed a summary judgment ruling by a trial court in a probate...
15
Aug

Trust Instrument Does Not Immunize Trustee From Liability For Breaching Duty Of Undivided Loyalty To Beneficiaries

August 15, 2016
In 1992, Ann Mark created two irrevocable trusts for the benefit of her three children....
29
Apr

High Court Holds Attorneys May Be Liable for Counsel Fees If They Intentionally Breach Their Fiduciary Duty to Non-Clients

April 29, 2016
In a 3-2 ruling, the New Jersey Supreme Court decided that attorneys can be held...
30
Mar

Appellate Division Rules Counsel Fee Award is Discretionary, and May Be Reversed on Appeal “Only on the Rarest of Occasions”

March 30, 2016
In an appeal from a trial court’s decision to reduce the counsel fees sought by...
22
Mar

Legal Malpractice Claim Based On Prospective Client’s Contact Only With Law Firm Secretary Dismissed

March 22, 2016
New Jersey Appellate Division rules prospective client’s correspondence with law office secretary who did not mention...
05
Feb

No Trust Reformation Absent Ambiguity in Language of the Trust

February 5, 2016
In this will contest involving the doctrine of probable intent, Hon. Robert P. Contillo, P.J.Ch....
14
Jan

Top 10 Blog Posts on www.VanarelliLaw.com in 2015

January 14, 2016
Happy New Year to clients, supporters, friends and readers. Last month, an article on this...
23
Dec

Lawyer Must Pay Legal Fees in Undue Influence Case

December 23, 2015
A lawyer who was found to have exerted undue influence over his mother must reimburse...
21
Dec

Bank Not Liable For Improper Withdrawals from Nursing Home Resident’s Account Made By Resident’s Agent Under Power of Attorney

December 21, 2015
In 2003, Michael Yahatz opened a bank account. The following year, the bank was acquired...
08
Nov

Appellate Division Rejects Claim That Marriage Creates a Presumptive Right to a Deceased Spouse’s Retirement Accounts

November 8, 2015
On March 9, 2015, I blogged about an Appellate Division case holding that marriage does...
01
Nov

NJ Court Rules Evidence in Cell Phones Must Be Produced in Tangible Form Before Trial

November 1, 2015
In this case, an Ocean County judge ruled that litigants in domestic violence cases who...
06
Oct

Action Against Assisted Living Facility For Resident’s Choking Death Survives Summary Judgment In Federal District Court 

October 6, 2015
Nancy Gimenez-Watson was a resident of Brighton Gardens of Edison, an assisted living facility (ALF)...
09
Sep

Appeals Court Rules Against Teacher Who Blogged That Her Students Were “Rude, Disengaged, Lazy Whiners”

September 9, 2015
The U.S. Circuit Court of Appeals  for the Third Judicial Circuit ruled this week that...
01
Sep

Motion For Reconsideration Is Improper Vehicle For Party Seeking To Vacate A Settlement Agreement

September 1, 2015
Following the death of Kenneth Kanter, his son contested the validity of Mr. Kanter’s will...
19
Aug

Upending 50 Years of Settled Law, California Supreme Court Rules Unambiguous Wills May Be Reformed to Correct Mistakes

August 19, 2015
In a recent case involving a holographic will, the California Supreme Court overturned an historical...
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