Blog
Can a Signed Document Fail to Be Binding?
An agreement waiving a plaintiff’s right to pursue a claim against a hospital in court may not be enforceable, even if it bears the plaintiff’s signature and the plaintiff was fully cognitive at the time of signing. In a recent case, the New Jersey Appellate Court held that, even though courts abide by a strong preference for enforcing arbitration agreements, such agreements still must be the product of “mutual assent” to be enforceable. This means that all parties must understand the terms of the agreement they are signing.
The plaintiff...
Read More....Medical Malpractice Victim’s Claim Dismissed for Failure to Provide Timely Notice to Public Entity
In a recent medical malpractice case, the New Jersey Appellate Court held that a patient failed to file his complaint in a timely manner and therefore was unable to state a claim against the Rutgers Cancer Institute.
In 2009, Hiccson Gomez (“Gomez”) was diagnosed with colon cancer. He had surgery and was in remission for five years, but the cancer came back in 2014. As a result, Gomez went to the Rutgers Cancer Institute and met with Dr. Kennedy, who performed his surgery.
In mid to late 2016, Gomez began to notice “a rush of air” coming from...
Read More....Can Debtors Plead the Fifth in a Collection Action?
The New Jersey Appellate Court recently held that Fifth Amendment protections might not extend to debtors that refuse to comply with discovery requests, including questions regarding their loan obligation and requests for documentation.
Rajendra and Jyoti Kankariya (“Defendants”) own Lotus Exim International (“LEI”) which is a marble and granite wholesaler. Defendants took out a $17 million loan from Provident Bank (“Provident”) on behalf of LEI. They secured the loan by executing personal guarantees, meaning Defendants...
Read More....Yes, You May Have to Pay Taxes Even After Death
Estate planning can be tedious, but it is incredibly important. Without an appropriate plan in place, your heirs may not receive an appropriate distribution of assets, and poor planning could have unintended monetary impacts on your loved ones. Estate tax and inheritance tax are two considerations that you should always factor into your estate plan.
The main difference between estate tax and inheritance tax is that estate taxes are paid directly from the estate, whereas the beneficiary (individual named in a Will) is responsible...
Read More....State of New Jersey May Be Liable To Motorcycle Accident Victim
The New Jersey Appellate Court recently overturned a trial court decision dismissing claims against the State of New Jersey in a personal injury case. Plaintiff Milagro Arita-Mejia (“Arita”) was involved in a motorcycle collision on an enclosed ramp that descended onto Interstate 495 in Union City, NJ. Arita was a passenger on the motorcycle, but when the driver tried to brake for a stop sign located on the left side of the road, Arita was thrown off the bike. She sustained traumatic brain damage and other serious injuries....
Read More....Another Sibling Squabble in Estate Litigation
Be careful who you allow control over your money. It can come back to haunt you. In a recent case, the New Jersey Appellate Court held that a sister could not establish unlawful conversion by her brother because she did not prove that she ever had ownership over the property in dispute. Conversion is the civil law equivalent of theft. The controversy arose during the administration of Mabel McDermott’s (“Mabel”) estate. Alan McDermott (“Alan”), Mabel’s son, was the designated executor of the estate. Joy McDermott (“Joy”), Mabel’s...
Read More....Do You Know What Your NJ Insurance Policy Actually Provides Should Tragedy Strike?
The New Jersey Appellate Court recently upheld a limited coverage provision in an insurance contract, despite the fact that the declaration page (generally a one page summary of the policy limits) differed from the language in the policy itself. An apartment building caught fire, which tragically led to the death of several occupants. Nayyar Ahmed (“Ahmed”) was the owner of the insured apartment building at the time of the fire, and he was sued by the decedent’s estates and some of the survivors. Ahmed’s insurance policy was issued ...
Read More....Proving Undue Influence in New Jersey Estate Litigation
In a recent decision, the New Jersey Appellate Court made two separate findings regarding undue influence on an elderly mother (“decedent”), even though all of the alleged events happened within the same general time period. The decedent’s Last Will and Testament (“Will”) appointed her daughter, Cathy Timpone (“Timpone”) as executrix of the estate and split her residuary estate in thirds: one-third to Timpone, one-third to her son, Ronald Porto (“Porto”), and the last third to be split evenly between her grandchildren.
The dispute...
Read More....Gross Negligence Standard and its Implications on Personal Injury Cases and HOAs in NJ
The New Jersey Appellate Court recently held that a condominium association was not grossly negligent in a slip and fall incident that occurred in one of its common areas. Diane Kechejian (“Kechejian”) slipped on ice around 8:45 a.m. on a Sunday morning while she was walking from the condominium association’s (“Association”) parking garage to her condo. She sued the Association for the injuries that resulted from the fall.
Notably, a weather report indicated that there was freezing rain and sleet between 7:46 a.m. and 8:00 ...
Read More....My Loved One Died Without a Will. What Now?
When a loved one dies, their Last Will and Testament (“Will”) governs the distribution of their estate. But what happens when a loved one dies without a validly executed Will? In New Jersey, a law was enacted specifically to address this situation. A person that dies without a Will is referred to as having died intestate. Estate administration, including those for intestate estates, is handled in a special court known as the Surrogate Court in the county in which the decedent lived.
A person may submit an application with the Surrogate...
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