Law Office of Donald D. Vanarelli Blog

A New Jersey appeals court ruled that the state has no obligation to pay for transportation that would allow a 25-year-old man with autism to attend an adult day program because he is on the waiting list for a Medicaid waiver and a comparable program is available closer to his home. J.J. and L.J. on [...]

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In a scathing 104-page opinion, the U.S. Court of Appeals for the Ninth Circuit ruled that “the VA’s failure to provide adequate procedures for veterans facing … delays in the delivery of mental health care violates the Due Process Clause of the Fifth Amendment [of the Constitution].” Veterans for Common Sense v. Shinseki, _______ F.3d. [...]

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(The following is part of a discussion, taken from a listserv, or electronic bulletin board, maintained by the New Jersey Association of Professional Mediators.) Question: I am a new mediator. I am also finding the ‘equal balance of power’ issue challenging. … I have been wondering if balance of power is even possible … if [...]

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A New Jersey appellate court held that intentionally withholding information in mediation does not invalidate the resulting settlement agreement. Matter of the Estate of Lillian L. Fischer, Deceased (N.J. Super. Ct., App. Div., No. A-0091-10T2, June 14, 2011)(unpublished). This matter involved a probate dispute between Catherine S. Richards, the 91 year old domestic partner of [...]

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In an unpublished, per curiam decision, a New Jersey appeals court ruled that a grant of funds awarded by a state agency which were held by an elderly Medicaid recipient in a bank account for the benefit of her disabled grandson are not countable resources that would affect her Medicaid eligibility. I.M. v. Division of [...]

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Below I’ve listed the most popular articles posted to the Vanarelli Law Office Blog based upon pageviews in May 2011. The original post date, along with a short summary of the content of each post, are included after each hyperlinked title. Certain “Blue Water” Navy Vietnam Veterans Now Eligible For Agent Orange Presumptive Service-Connected Compensation [...]

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The N.J. Supreme Court held that a self-described journalist who posted comments on an Internet message board is not entitled to the protection of New Jersey’s Shield Law, a state statute that allows news reporters to protect the confidentiality of sources and news or information gathered during the course of their work. Too Much Media, [...]

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A New Jersey court has held that a co-executor’s “unbridled belief she could act unilaterally in administering the decedent’s estate without the need for consent from the co-executrix … [may] amount[] to a breach of the [co-executor’s] … fiduciary duty [and] … [constitute] cause for her removal.” In the Matter of the Estate of Albert [...]

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A New Jersey appeals court upheld the imposition of a penalty period on a nursing home resident’s receipt of Medicaid benefits, holding that the resident failed to rebut the presumption that a court-ordered payment made to the resident’s adult children for previously uncompensated services provided under a power of attorney was not a valid payment [...]

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In order to receive service-connected compensation benefits from the Department of Veterans Affairs (VA) in the usual case, a veteran must (1) be suffering from a current disability, (2) show evidence in his/her military service records of a disease, injury, or event in service, and (3) show a nexus, or link, between the current disability [...]

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