Category

Litigation
03
Oct

Top Ten (or so) New Jersey Elder and Disability Law Cases in 2012

October 3, 2012
(The 15th Annual Elder and Disability Law Symposium was held on October 3, 2012 at...
02
Oct

Second Circuit Affirms That Income Stream from Annuity Is Not an Asset for Medicaid Purposes

October 2, 2012
After John Lopes was admitted to a nursing home, his wife, Amelia, purchased a irrevocable,...
27
Sep

Identities Of Anonymous Writers In New Jersey Posting Allegedly Defamatory Statements On A Blog Are Not Subject To Disclosure

September 27, 2012
Upholding the decision of a trial judge who quashed a subpoena, New Jersey appellate court...
13
Aug

After Years of Litigation, Unsuccessful Probate Plaintiff Is Denied Counsel Fees

August 13, 2012
In a case that can be seen as a warning to potential plaintiffs in probate...
25
Jun

Ruling by the 3rd Circuit Outlaws State Restrictions On Special Needs Trusts, Holding State Law Is Prempted By Federal Law

June 25, 2012
In a recent precedential decision, the United States Court of Appeals for the Third Judicial...
23
May

9th Circuit Dismisses Veterans’ Lawsuit, Ruling That Congress, Not The Court, Is Responsible For Fixing The VA’s Mental Health Care And Compensation Benefit Systems

May 23, 2012
Last year, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit...
08
May

Appeals Court Holds Adult Child Liable for Mother’s Nursing Home Bill Under Filial Responsibility Law

May 8, 2012
A Pennsylvania appellate court held that son is liable for his mother’s $93,000 nursing home bill...
19
Jan

Undue Influence Plaintiff Defeats Summary Judgment Despite Failure To Cite Facts In The Record To Oppose The Motion; But Certain Claims Are Dismissed For Failure To file An Affidavit Of Merit

January 19, 2012
In the December 13, 2011 Estate of Sano Chancery Division case, the decedent’s wife had...
19
Oct

New Jersey Federal Court Rules Life Estate Purchase May Be Uncompensated Transfer, Subjecting Medicaid Applicant to Gift Penalty

October 19, 2011
Federal district court in New Jersey denied a Medicaid applicant’s request for an injunction directing...
10
Oct

Appellate Division Declines To Extend Duty Owed By Estate Attorney To Omitted Family Member

October 10, 2011
In a September 30, 2011 unpublished opinion, our Appellate Division considered the duty owed by...
03
Oct

Top 10 New Jersey Elder And Disability Law Cases In 2011

October 3, 2011
(The 14th Annual Elder and Disability Law Symposium was held on September 21, 2011 at...
30
Sep

Federal Court Orders New Jersey’s Department of Human Services To Pay Attorneys’ Fees For Filing Frivolous Answer

September 30, 2011
Plaintiff, Disability Rights New Jersey (“DRNJ”) filed a lawsuit in federal district court in Newark,...
22
Aug

Court Finds No Privacy Violation When Spouse Uses GPS to Track Husband Suspected Of Cheating

August 22, 2011
Plaintiff husband and his wife were involved in divorce proceedings. In connection with those proceedings,...
02
Aug

Disqualifying Opposing Counsel In A Lawsuit Involving Abuse Of A Power of Attorney

August 2, 2011
I am presently involved in a lawsuit in which my clients, three adult children of...
30
Jun

Court Rules New Jersey’s Budget Constraints Trump Disabled Adult’s Right To Payment Of Transport Costs

June 30, 2011
A New Jersey appeals court ruled that the state has no obligation to pay for...
26
Dec

Top Ten (10) New Jersey Cases Involving Special Needs Trusts / Disability Planning Decided In 2010 (And A Few Cases Decided In 2009)

December 26, 2010
    Here are my selections for the top ten (10) New Jersey cases involving...
01
Oct

A Draft Will That Was Not Reviewed By The Client Before Death Cannot Be Admitted To Probate

October 1, 2010
In New Jersey, a document may be accepted for probate as a will in a...
11
Sep

The “Mere Possibility” Of An Attorney Conflict Of Interest May Be Sufficient To Establish An Ethical Breach

September 11, 2010
New Jersey estate planning attorneys were again reminded of the conflict of interest minefield they...
02
Sep

My Latest Article, Entitled “Client Capacity – Assessment and Advocacy,” Published In The New Jersey Lawyer Magazine

September 2, 2010
Lawyers who regularly deal with elderly and disabled clients like I do often confront the...
14
Aug

Court Finds Joint Account Does Not Pass To Surviving Owner, But Passes Under Decedent’s Will

August 14, 2010
Most of the cases discussed on this blog (and, I suspect, on most blogs which...
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