Category: Hot Trends: Developing Case Law
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09.19.2022
Litigant Compelled to Sign Mutual Releases Previously Agreed to in Open Court
In the Matter of the Estate of Wicker W. Doornbosch, Docket No. A-3225-19 (N.J. Super. Ct. App. Div. Aug. 19, 2022) This appeal arose out of probate litigation over the estate of Wicker W. Doornbosch, who died in 2016. The parties reached a settlement in open court. Counsel for appellant Farash put the terms on […]
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09.13.2022
Offer in Judgment Enforced as to All Claims; Litigants Can’t Pick and Choose
Puglia v. Phillips, Docket No. A-5367-18 (N.J. Super. Ct. App. Div. August 15, 2022) This matter involves a mix of estate, property and procedural issues, including offers of judgment. The decedent’s children were the beneficiaries of her estate (“Estate”). A lengthy, acrimonious dispute arose regarding the Estate’s primary asset, a sixty-seven-acre farm (the Property). In […]
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06.29.2022
Case Summary: Standing and the Survivor’s Act
Chandler v. Kasper, A-2143-20 (App. Div. June 14, 2022) In Chandler v. Kasper, Docket No. A-2143-20 (App. Div. October 7, 2021), the Appellate Division dismissed a plaintiff’s cause of action under the Survivor’s Act (N.J.S.A. 2A:15-3), finding that the plaintiff (the decedent’s daughter) did not have standing to file a lawsuit under the Survivor’s Act […]
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06.29.2022
Case Summary: The Fiduciary Exception to Attorney-Client Privilege in Pennsylvania
In Re: Trust Established under Agreement of Sarah Mellon Scaife, Deceased dated May 9, 1963, No. J-A06008-22, 2022 WL 1617129, (Pa. Super. May 23, 2022) In the context of litigation regarding objections to a trustees’ account, the estate of a deceased beneficiary sought production of unredacted versions of previously produced documents on the basis of […]
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06.07.2022
Case Summary: Claims Under New Jersey’s Uniform Unclaimed Property Act
Testa v. State, A-0693-20 (App. Div. April 20, 2022) Relying on the Uniform Unclaimed Property Act (“UUPA”), N.J.S.A. §§ 46:30B-1 to -109, plaintiff alleged he was entitled to monies that had escheated from his deceased parents’ estates to the New Jersey Unclaimed Property Administration. At the trial level, plaintiff’s complaint was dismissed under Rule 4:6-2(e), […]
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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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05.02.2022
No More Attorney-Review Requirement in Palimony Agreements in New Jersey
Moynihan v. Lynch, 250 N.J. 60 (March 8, 2022) This New Jersey Supreme Court decision addresses the validity of a palimony agreement. Beginning in 1997, plaintiff Kathleen Moynihan (“Kathleen”) and defendant Edward Lynch (“Edward”) were involved in a long-term romantic relationship. In 2000, Kathleen and her children moved into to a home in Bordentown, New […]
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05.02.2022
The Ehrlich saga continues
In re the Estate of Richard Ehrlich, Deceased, No. A-4033-19 (N.J. Super. Ct. App. Div. March 11, 2022) This appeal is the latest development in the ongoing litigation of the estate of Richard Ehrlich – the seminal (and nationally recognized) case involving a writing intended as a will. The underlying litigation began with the death […]
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04.13.2022
A Dispute as to ‘The Big Man’s’ Intellectual Property Rights
Victory’s Dawn, Inc., et al., v. Clarence Anicholas Clemons, III, et al., No. 21-9744 (D.N.J. February 17, 2022) This case – out of the District Court of New Jersey – addresses issues as to the intellectual property rights of a decedent which were held in trust. The intellectual property rights were those of the legendary […]
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04.13.2022
Appellate Division Reviews Whether a Release Bars Imposition of Sanctions on Executors
In the Matter of the Estate of Rudolph Hauke, et. al., No. A-4528-19, 2022 WL 274266 (App. Div. Jan.31, 2022). Gregory and Thomas Hauke filed an action against Paul Hauke involving non-probate assets and change of beneficiary claims. The parties reached a settlement which they framed into a consent judgment and a mutual general release, […]
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