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New Cases
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...
01
May

Claim of Surviving Joint-Owner of Estate Assets Can Be Defeated If Decedent Did Not Intend to Leave Assets to Survivor, or If a Confidential Relationship Existed

May 1, 2012
Aurelia DeFrank died on August 18, 2009, a resident ofMercer County, New Jersey. Although decedent’s...
24
Apr

NJ Court Refuses To Enforce Mediated Settlement, Finding Post-Mediation Correspondence Memorializing The Agreement To Be Confidential

April 24, 2012
In this case, the chancery court held that post-mediation correspondence between the attorneys for the...
04
Apr

Never Conclude A Successful Mediation Without A Settlement Agreement Signed By the Parties

April 4, 2012
In Williamson v. Boehringer-Ingelheim Pharmaceuticals (N.J. App. Div., March 12, 2012), the New Jersey appellate...
12
Mar

Spouse of Medicaid Recipient Not Entitled To Increased Income Allowance Because Her Financial Duress Not Caused by Exceptional Circumstances

March 12, 2012
A New Jersey appeals court recently ruled that a Medicaid recipient’s wife is not entitled...
01
Mar

Punitive Damages Awarded Based Upon Breach of Fiduciary Duty By Trustee

March 1, 2012
Verna and John Obermuller transferred their real property located in Brooklyn, New York to their...
06
Feb

Assertion Of Fee Claim In Trust Litigation Is Not Sufficient Reason To Justify Removal Of Guardian Ad Litem

February 6, 2012
On January 11, 2012, the Appellate Division considered In the Matter of the Inter Vivos...
31
Jan

Appellate Division Rules That A Party’s Mediation/Arbitration Demand Triggers The “First To File” Rule Of Comity

January 31, 2012
In its January 27, 2012 decision in  CTC Demolition Company, Inc. v. GMH AETC Management/Development...
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...
17
Jan

Top 10 Nationwide Elder Law Court Rulings of 2011

January 17, 2012
Below is a roundup of the top 10 national elder law decisions for the past...
09
Jan

The “New Jersey Alternative Procedure Dispute Resolution Act” Bars Appellate Division Review Of Umpire’s Ruling In Probate Matter

January 9, 2012
In the January 4, 2012 Marinaccio v. Grgec decision, the Appellate Division was presented with...
04
Jan

Non-Custodial Parent’s Establishment Of A Special Needs Trust For Child Would Not Justify Elimination Of That Parent’s Child Support Obligation

January 4, 2012
In Bond v. Bond, the Appellate Division considered whether a non-custodial parent’s creation of a...
30
Nov

Pennsylvania Court Rules That There Is No Reasonable Expectation of Privacy in Facebook Postings

November 30, 2011
A Pennnsylvania trial judge recently ruled that a person had “no expectation of privacy” in...
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...
06
Oct

Federal Court Rules Connecticut Cannot Deny Medicaid Benefits To Applicant Utilizing Spousal Refusal Doctrine

October 6, 2011
Ruling that a state statute violated federal Medicaid law, a federal district court granted a...
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,...
20
Sep

Third Circuit Affirms Federal District Court Holding Promissory Notes Countable Resources As “Trust-Like Devices”

September 20, 2011
In Sable v. Velez, applicants were denied Medicaid because of promissory notes owned by the...
19
Sep

Medicaid Eligibility Established Even Though One Spouse Owned Over $300,000 In Countable Resources

September 19, 2011
The Director of New Jersey Medicaid recently decided that, when a couple is institutionalized, the...
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