Author: Timothy Horn
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09.28.2022
Don’t Forget the Basics: Appellate Division Finds Conflict of Interest in Complex, Multi-State Litigation
In the Matter of the Estate of Joseph Krivulka, Deceased, Nos. A-0863-20 & A-0803-21 (N.J. Super. Ct. App. Div. Aug. 26, 2022) This consolidated appeal centered on Rule of Professional Conduct (RPC) 1.9 and whether a former client gave informed written consent to a law firm’s representation of the client’s co-fiduciary as part of an […]
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06.07.2022
Case Summary: The Rules of Procedure Apply to Everyone, Including Pro Se Litigants
In the Matter of the Irrevocable Trust of John L. Marchisotto, Deceased, Docket No. A-3453-19 (N.J. Super. Ct. App. Div. April 21, 2022) Although courts are often patient with pro se litigants, this appeal serves as a reminder that the rules of civil procedure apply to all litigants and failing to comply with them can […]
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02.07.2022
The Probate Exception to Federal Jurisdiction
Edita Applebaum v. William P. Fabian, et al., Civ. No. 18-11023-KM-JSA, 2021 WL 5833454 (D.N.J. December 9, 2021) This case highlights the so-called “probate exception” to federal jurisdiction, in addition to more frequent bars to recovery that practitioners are likely to face in federal and state courts. Decedent Todd Harris Applebaum passed away testate in […]
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