In general, an incapacitated person is to be represented in any litigation by a guardian, or “if no such guardian has been appointed or a conflict of interest exists between a guardian and ward or for other good cause, by a guardian ad litem appointed by the Court.” R. 4:26-2(a); Village Apartments v. Novack, 383.. read more →

Hon. Robert B. Kugler, United States District Judge for the District of New Jersey, reversed a denial of an application for Medicaid benefits by ruling that a pension benefit from the Department of Veterans Affairs (“DVA”) may not be counted as income for the purposes of any Medicaid program to the extent that the DVA.. read more →

In the April 28, 2014 Karlson v. Colvin decision, New Jersey’s Federal District Court reversed an Administrative Law Judge and granted a Social Security recipient’s request for waiver of his Social Security Disability (“SSD”) overpayment. Karlson v. Colvin, 2014 U.S. Dist. LEXIS 58942 (D.N.J. 2014) Under the Social Security Act, if an individual incorrectly receives an.. read more →

A United States District Court recently ruled that a nursing home resident does not have a private right to assert a lawsuit against a nursing home for involuntary discharge under the Nursing Home Reform Act. Schwerdtfeger v. Alden Long Grove Rehabilitation and Health Care Center (U.S. Dist. Ct., N.D. Ill., No. 13 C 8316, May.. read more →

Decision-making capacity involves four (4) key abilities: the ability to understand information relevant to a decision, to retain the information relevant to the decision, to use the information relevant to the decision as part of the decision-making process and to communicate the decision once it is made. But since decision-making capacity involves mental abilities, how.. read more →

Trial lawyers must know where the ethical line is drawn between properly investigating jurors and improperly communicating with them. In today’s Internet-saturated world, the line is increasingly blurred. Therefore, the ethics committee of the American Bar Association (ABA) recently issued an opinion describing a trial lawyer’s ethical obligation when reviewing jurors’ information on the Internet in.. read more →