Category

New Cases
13
Sep

NJ Supreme Court Permits Disabled Child of Retired Fireman to Designate Special Needs Trust as Beneficiary of State Pension Plan

September 13, 2014
(In the midst of my oral argument before the New Jersey Supreme Court held on...
10
Sep

Attorney Representation of Father and Sons in Estate Planning did not Constitute Conflict of Interest or Breach of Fiduciary Duty

September 10, 2014
In Salvemini v. Spector, 2013 N.J. Super. Unpub. LEXIS 2942 (App. Div. Dec. 13, 2013),...
03
Sep

Lawyer Owes Duty to Explain Even Unambiguous Contract Terms so that Client will Understand

September 3, 2014
A court of appeals in New Jersey reinstated a legal malpractice lawsuit, finding that the...
03
Sep

Appeals Court Affirms Penalty, Ruling Gifts Not Made Exclusively for a Purpose Other than to Qualify for Medicaid

September 3, 2014
Gifts made during the Medicaid look-back period result in a penalty, or period of ineligibility,...
02
Sep

Agency’s Significant Delay in Processing Medicaid Application in Blatant Violation of Regulations Results in No Sanctions

September 2, 2014
In A.H. v. Division of Medical Assistance and Health Services, 2014 N.J. Agen. LEXIS 91...
25
Aug

Doctrine of Laches Justifies Dismissal of Probate Lawsuit Against Executor, filed 5 Years after Release was Signed

August 25, 2014
In re Estate of Klausner, 2014 N.J. Super. Unpub. LEXIS 1517 (App. Div. June 23,...
21
Aug

Nursing Home Resident’s Child Who Signs Admission Agreement As “Responsible Party” Can Be Sued For Services Rendered To Resident

August 21, 2014
A nursing home resident’s adult child who signs an admission agreement as the “Responsible Party”...
18
Aug

Court Reinstates Defense By Party Who Chose To Represent Himself, But Made The Wrong Choice

August 18, 2014
New Jersey appeals court ruled pro se litigants who bungle their own cases can seek...
30
Jul

The Need for Medicaid Planning

July 30, 2014
(In Zahner v. Mackereth (U.S. Dist. Ct., W.D. PA, Jan. 16, 2014), a federal district court...
27
Jul

Transfer of Assets does not Impact Eligibility When Made for a Purpose Other than to Qualify for Medicaid

July 27, 2014
In a very unusual ruling, a New York appeals court ruled that, despite transferring significant...
20
Jul

Competent Party Cannot Appear in Divorce Proceeding Through Power of Attorney

July 20, 2014
New Jersey trial judge ruled that a litigant may not appear at trial in a...
08
Jul

Medicaid Applicant’s Claim Against State for Unreasonable Delay Survives New Jersey’s Motion to Dismiss

July 8, 2014
In Brill v. Velez (U.S. Dist. Ct., D. N.J., No. 1:13-cv-05643 (NLH/AMD), June 27, 2014), a...
07
Jul

Nursing Home Resident’s Federal Lawsuit Survives Facility’s Motion to Dismiss

July 7, 2014
In the May 30, 2014 Kongtcheu v. Secaucus Healthcare Center decision, the United States District...
25
Jun

NJ Court Dismisses Lawsuit by Alleged Abuser Against Those Who Reported and Investigated Claims of Elder Abuse and Neglect

June 25, 2014
A New Jersey trial judge dismissed a lawsuit asserted by an alleged abuser against a...
20
Jun

Gift Penalty Affirmed; No Evidence Medicaid Applicant’s Transfer was Loan Repayment, and No Deference Accorded ALJ’s Contrary Decision

June 20, 2014
In the May 19, 2014 J.P. v. Division of Medical Assistance and Health Services decision, New...
12
Jun

Substantial Attorneys Fee Award Upheld In Will Contest Alleging Undue Influence

June 12, 2014
A New Jersey appeals court upheld a substantial fee award exceeding the amount in controversy...
10
Jun

Court Denies Preliminary Injunction to Prevent New Jersey Medicaid from Counting Annuity as Available Resource

June 10, 2014
A federal district court in New Jersey ruled that a Medicaid applicant was not entitled...
03
Jun

NJ Federal Court Awards Medicaid, Excluding Entire VA Pension Benefit from Countable Income

June 3, 2014
Hon. Robert B. Kugler, United States District Judge for the District of New Jersey, reversed...
01
Jun

New Jersey Federal Court Grants Request for Waiver of Social Security Overpayment

June 1, 2014
In the April 28, 2014 Karlson v. Colvin decision, New Jersey’s Federal District Court reversed...
22
May

Federal Court Rules No Private Right to Sue under Nursing Home Reform Act

May 22, 2014
A United States District Court recently ruled that a nursing home resident does not have...
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