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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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