Category

New Cases
12
Sep

In A Medicaid Case, An ALJ's Findings Of Fact Based Upon The Credibility Of Witnesses Cannot Be Rejected Without Proper Cause

September 12, 2011
For most of her life, V.P. resided in her home with her adult son, R.P....
07
Sep

Medicaid Applicant Who Transferred Money To Daughter Months Before Receiving Life Estate In Daughter’s Home Made A Gift And Is Ineligible for Medicaid

September 7, 2011
A New Jersey appeals court held that a Medicaid applicant who transferred money to her...
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,...
18
Aug

Federal Court Shields Mediator From Being Compelled To Testify About Settlement Discussions In Mediation

August 18, 2011
A law firm accused of malpractice for allegedly turning down a settlement offer lost its...
17
Aug

Oral Settlement Agreements Reached In Mediation Are Valid And Enforceable

August 17, 2011
An appellate court in New Jersey recently enforced an oral settlement agreement reached during non-binding,...
16
Aug

Low-Income Tenant Victorious in Lawsuit Preventing Housing Authority From Counting Distributions From Special Needs Trust As Income

August 16, 2011
An aged, low-income tenant with disabilities recently prevailed in a lawsuit filed against the Santa...
03
Aug

The Creation Of A Health Care Proxy Under New York Law Does Not Trigger An Agent’s Authority To Make Health Care Decisions

August 3, 2011
Rita Stein, on behalf of herself and as executrix of the estate of her deceased...
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...
29
Jul

Trial Court Decisions Concerning The Choice Of An Appropriate Guardian Most Often Upheld On Appeal

July 29, 2011
This is the latest decision in the long-running legal drama involving Lillian Glasser which has...
28
Jul

Mediator Malpractice In New Jersey

July 28, 2011
There are so few reported cases in New Jersey involving claims of mediator malpractice that...
20
Jul

Court Is Not Required To Appoint Counsel For The Proposed Ward In Every Guardianship Lawsuit

July 20, 2011
Plaintiff, the executor of the estate of the proposed ward’s deceased daughter, and the proposed...
14
Jul

Failure To Provide ‘Clear And Convincing Proof" of Decedent’s Intent Mandates Denial Of Action To Reform Trust

July 14, 2011
In this case, the decedent, William McLellan, created an irrevocable life insurance trust for the...
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...
15
Jun

Intentionally Withholding Information In Mediation Will Not Invalidate The Resulting Settlement Agreement

June 15, 2011
A New Jersey appellate court held that intentionally withholding information in mediation does not invalidate...
14
Jun

Bank Account for Disabled Grandson Is Not Available Asset Under Medicaid Rules

June 14, 2011
In an unpublished, per curiam decision, a New Jersey appeals court ruled that a grant...
08
Jun

Blogger Who Posted Comments On Internet Message Board Is Not A "Journalist" Protected Under Shield Law, N.J. Supreme Court Rules

June 8, 2011
The N.J. Supreme Court held that a self-described journalist who posted comments on an Internet...
06
Jun

Co-Executors Of New Jersey Estate Must Act In Concert; Unilateral Action By Co-Executor May Constitute Grounds For Removal

June 6, 2011
A New Jersey court has held that a co-executor’s “unbridled belief she could act unilaterally...
05
Jun

Court-Approved Compensation Paid To Medicaid Applicant’s Children For Services Under Power Of Attorney Does Not Prevent Medicaid Penalty

June 5, 2011
A New Jersey appeals court upheld the imposition of a penalty period on a nursing...
30
May

Credibility Determinations By A Trial Court In Cases Involving Claims of Abuse Of A Power Of Attorney Are Binding On Appeal

May 30, 2011
Matter of Mildred B. Trocolor involved a dispute between two of the decedent’s adult children...
23
May

Chancery Court Dismisses Contested Guardianship Action Without A Hearing; Appellate Division Affirms

May 23, 2011
In a victory to the contesting parent, the dismissal of a daughter’s guardianship application without...
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