Category

Litigation
23
Jun

Preparing To Be Deposed: Tips For The Potential Deposition Witness

June 23, 2015
Preparing to be deposed in a civil litigation can be a daunting task. A deposition...
03
Jun

Posting Threats on Facebook and Other Social Media, Without More, is Not a Crime

June 3, 2015
In May 2010, Anthony Douglas Elonis’s wife of nearly seven years left him, taking with...
28
May

Lawsuit May Proceed Against CCRC For Misleading Marketing

May 28, 2015
In DeSimone v. Springpoint Senior Living, the son of a deceased CCRC resident sued the...
13
Apr

Beneficiaries Omitted From Trust By Mistake Can Sue Lawyer Who Prepared Trust

April 13, 2015
A Pennsylvania appeals court held that beneficiaries omitted from trust have standing to sue the...
07
Apr

Preferences Expressed by Incapacitated Person Entitled to Court Consideration

April 7, 2015
A New Jersey appellate court ruled that a person who is incapacitated may still be...
27
Aug

An Attorney’s Lack of Competence in E-Discovery Issues can Result in Ethical Violations

August 27, 2014
A recent ethics opinion from the California State Bar Association, Formal Opinion Interim No. 11-0004,...
07
Jul

Nursing Home Resident’s Federal Lawsuit Survives Facility’s Motion to Dismiss

July 7, 2014
In the May 30, 2014 Kongtcheu v. Secaucus Healthcare Center decision, the United States District...
10
Nov

Court Finds State’s Failure To Render Final Decisions Within 90 Days Of Concluding Fair Hearings Violated Federal And State Law

November 10, 2013
In this case, the United States District Court for the Southern District of New York...
07
Sep

Sender Of Text Message May Be Liable For Accident Caused By Driver Distracted While Reading Text

September 7, 2013
In an interesting case of first impression, the New Jersey Appellate Division held that the...
03
Sep

Appellate Division Rules Nursing Home Waived Right To Compel Arbitration In Defense Of Negligence Claim By Estate Of Former Resident

September 3, 2013
In an August 29, 2013 unpublished decision, the Appellate Division considered and affirmed the trial...
01
Aug

Appeals Court Affirms Summary Judgment In Favor Of Plaintiffs In Will Contest Alleging Undue Influence

August 1, 2013
Renee Halpecka died in 2005 when she was 84 years old. Before her death, Renee...
14
May

"Excessive Texting" From One Divorced Parent To The Other Does Not Necessarily Amount To Harassment

May 14, 2013
New Jersey appeals court reversed a final restraining order entered in a domestic violence lawsuit,...
13
May

Lack of Testamentary Capacity

May 13, 2013
After an individual’s death, litigation regarding the decedent’s estate can arise in a variety of...
10
May

Legal Counsel Required In Proceeding To Appoint Testamentary Guardian Under Decedent’s Will

May 10, 2013
For the first time in New Jersey, the appellate court has ruled that legal counsel...
28
Apr

Pre-Death Will Contests

April 28, 2013
In a contested guardianship, the guardianship applicant often wishes to pursue additional claims involving the...
14
Mar

Court Rules Last Will And Testament Controls The Disposition Of Estate Assets Transferred To Revocable Trust During Decedent’s Life

March 14, 2013
Earlier this month, Hon. Robert P. Contillo, Presiding Judge of the Chancery Division, Bergen County,...
27
Feb

Appellate Division Affirms Probate Judge’s Reduction of Estate Litigation Contingent Fee Award

February 27, 2013
In Estate of Mendonca v. DaSilva, Docket No. A3515-11T2 (App. Div. Feb. 22, 2013), the...
10
Feb

Appellate Division Spares A Will Contestant Frivolous Litigation Sanctions And The Invocation Of An In Terrorem Clause, Despite Her “Fanciful” Claims

February 10, 2013
In a November 5, 2010 blog post, I discussed the Superior Court of New Jersey,...
28
Jan

The Effect Of Fraud On The Time Limits For Challenging Probate Or Administration

January 28, 2013
In my January 20 blog post, I discussed the time limits imposed under R. 4:85-1...
20
Jan

Filing A Will Contest: Time Limits

January 20, 2013
A challenge to a will (as opposed to, for example, (1) a challenge to non-probate...
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