Category

Summary Judgment
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...
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....
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....
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...
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...
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...
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...
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,...
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...

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