Category

New Cases
06
Aug

A Case Study Involving Social Security and SSI Benefits, An Overpayment, Divorce, A Special Needs Trust And A Successful Effort To Increase The SSI Monthly Benefit Amount

August 6, 2010
I don’t usually blog about the Social Security cases my law firm handles, although we...
04
Aug

New Jersey Courts Continue To Make New Law In The Area Of Internet Privacy Rights

August 4, 2010
A case recently decided by the Superior Court of New Jersey, Appellate Division, continues the...
19
Jul

New Jersey Superior Court Judge Rules In Favor Of Alleged Incapacitated Person In Contested Guardianship Lawsuit, Dismissing Complaint Filed By Adult Child

July 19, 2010
For more than two years, I have been representing an elderly man in a contested...
28
Jun

NJ Court Holds That Documents, Though Unsigned, Undated, And Neither Witnessed Nor Notarized, May, Nevertheless, Be Admitted To Probate As A Valid Last Will And Testament

June 28, 2010
In the case entitled In the Matter of the Estate of Ronald M. Denner, Superior...
28
Apr

Bloggers In New Jersey Are Not Journalists And Are Not Entitled To Invoke The Newsperson's Privilege

April 28, 2010
Last week, in Too Much Media v. Hale, the Superior Court of New Jersey, Appellate...
11
Apr

Federal District Court Permanently Enjoins NJ From Imposing “Never Ending” Penalty For Gifts Made By Applicants For Services Under Medicaid Waiver Programs

April 11, 2010
Soon after the passage of the Deficit Reduction Act of 2005 (DRA), New Jersey’s Division...
31
Mar

NJ Supreme Court Rules That The Attorney-Client Privilege Protects Worker's E-Mail Exchanges With Lawyer On Company Laptop

March 31, 2010
Yesterday, the New Jersey Supreme Court ruled that the attorney-client privilege protects e-mails between a...
29
Mar

Payment For Care Under A Contract Is Not Transfer For Fair Market Value And Results In A Penalty Period Under Medicaid

March 29, 2010
A New Jersey appeals court recently held that a life care contract between a nursing...
25
Mar

Son Not Liable For Unpaid Nursing Home Bill Even Though Transfer Of Father’s Home To Son Caused Father To Be Ineligible For Medicaid

March 25, 2010
Heriberto Pumarejo transferred the ownership of his home to his son, Herbert Pumarejo, Jr., for...
26
Feb

Ignorance Isn't Bliss When You Apply For Medicaid

February 26, 2010
In what may be considered a victory of judicial deference over equity, this week our...
18
Feb

NJ Appellate Court Finds That A Guardian / Expert Appointed By The Court Is Entitled To Absolute Immunity From Liability In Litigation

February 18, 2010
Plaintiff Barry Sable was named by his father Harry Sable as agent under his father’s...
10
Feb

Plaintiff Stated A Claim Under The ADA When NJ Refused To Raise The Income Cap Which Excluded Him From A Community Medicaid Program

February 10, 2010
In Duffy v. Velez, Civ. No. 09 – 5539 (D.N.J. 2010), plaintiff was a disabled...
03
Feb

Top 10 New Jersey Family Law Cases Decided In 2009

February 3, 2010
On January 31, 2010, the New Jersey Institute for Continuing Legal Education (NJICLE) hosted the...
28
Jan

NJ Appellate Court Rules That Awarding Attorneys Fees To The Wrongdoer In An Undue Influence Case Is An "Abuse Of Discretion"

January 28, 2010
In the recent case of Rossius v. Krasheninnikoff, plaintiff filed a complaint in which she...
26
Jan

Nursing Home Resident’s Nephew And Agent Under A Power Of Attorney May Be Liable For Failing To Promptly Qualify Her For Medicaid Benefits

January 26, 2010
Defendant, Benjamin Levine, served as power of attorney for his aunt, Grace Levine. Defendant’s aunt...
09
Jan

Summary Judgment Denied In NJ Medicaid Planning Case Involving A Loan / Promissory Note

January 9, 2010
Cases involving a variety of Medicaid planning strategies in New Jersey are now pending in...
07
Jan

Groundbreaking Decision In VA Case Establishes The Patently Obvious: A Veteran Has A Right To A Fair Adjudication Of A Claim For Benefits

January 7, 2010
Believe it or not, until a few months ago not a single court had ever...
06
Jan

Union County’s Promise To Provide Health Coverage For Life In Exchange For Early Retirement Not Binding

January 6, 2010
In Rodbart v. County of Union, 2009 N.J. Super. Unpub. LEXIS 3084 (December 21, 2009),...
02
Dec

Federal Judge Rules That SSA’s Standard Print Notices Discriminate Against The Blind And Visually Impaired

December 2, 2009
A federal district court judge in California recently ruled that the Social Security Administration (SSA)...
20
Nov

New ABA Web Site Highlights Top Federal Appeals Court Rulings

November 20, 2009
In an effort to help the press and public identify and understand important federal appeals...
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