Buy-Out of Business Partner With Life Insurance Results in Massive Income Tax Hit From IRS
A recent U.S. Supreme Court decision in Connelly v. United States disputes a common succession strategy for many closely owned businesses with more than …
Read About the Inflation Reduction Act Prescription Drug Provisions
Did you know about recent Medicare changes? The Inflation Reduction Act (IRA) under Medicare, makes a number of changes to the Part D prescription …
Some Calls Are More Important Than Others
Everyone is talking about the recent NFL football draft. As for me, I’m tired of the commentary about the draft. I want to hear …
What Is a Preliminary Injunction and How Is It Obtained in Court?
In litigation, unless a plaintiff meets its initial burden of proof a preliminary injunction must be denied. Let’s first discuss the legal definition …
Excellent Advice and Service
Fred, Thank you for your excellent advice and services over the past years helping with my Mom’s estate needs. Lucille has also been wonderful. …
Can an Employer Enforce a Non-Disclosure and Non-Disparagement Agreement Against a Former Employee?
You work for an employer. You’re fired, or let’s say you’re terminated, or you separate from your employer. You sue your former employer. You …
New Jersey is Filing Legal Action Against Worker Misclassification
New Jersey is cracking down on employers who wrongly label employees as independent contractors. In a recent case the commissioner of the State Department …
The Caregiver Child Exemption Allows the Transfer of Home Ownership to the Child Providing Substantial Care
In determining Medicaid eligibility for someone seeking institutionalized benefits, counties must review five years of financial history. Under the regulations, “[I]f an individual . …
NJ Medicaid Changes How it Calculates Penalty Periods
NJ Medicaid has a formula on how they calculate penalties for gifts made within 5 years below. Click here to see the State’s official …
A Women Owned Business in N.J. Means Women Owners, Not a Corporate Owner With Women Employees
This case challenged a final decision by New Jersey denying a company’s application for certification as a “women’s business” under N.J.S.A. 52:27H-21.17 and the …
Christopher Balioni, Esq., Named as Partner at Hanlon Niemann & Wright, PC
We are thrilled to announce that Christopher Balioni, Esq. has been promoted to Partner at Hanlon Niemann & Wright! Since joining our firm in …
Can I Control What Happens to my Corpse After my Passing?
While working on health care directives, I have had clients ask me about leaving special instructions for their loved ones on what they can …
Is There Such a Thing as a Lifetime Contract of Employment?
An employment contract may specify a fixed term of employment; but like any other contract, such a contract must be sufficiently definite in its …
Just Purchasing a Fraudulent Product is Not Enough to Win a Consumer Fraud Case
This blog discusses an interesting consumer fraud case that was discussed by a N.J. court because the plaintiff never actually used the purportedly fraudulently …
An Expert Medical Opinion is Required to Order an Involuntary Commitment
Recently, a NJ court entered a temporary order for the involuntary commitment of a young mother for inpatient treatment. A legal hearing to review …
Involuntary Civil Commitments Must Follow the Law
In a recent NJ Appellate Division case, the court found that a trial judge made a mistake by refusing to vacate a civil commitment …
Introduction to Medicaid Eligibility Requirements in N.J. by Fredrick P. Niemann, Esq.
In New Jersey, the Medicaid program which provides an institutional level of care is called “Managed Long Term Services and Supports”. This program pays …
Is a Personal Service Contract Enforceable in NJ?
The general rule has historically been that in NJ, a personal service contract, including an employment contract, can be specifically enforceable, especially when the …
Yet Another Hazard on the Golf Course, and It’s Not Your Swing
Hazards to a golfer’s health and safety that come most readily to mind involve swinging clubs and golf balls in flight, usually on unintended …
Understanding The Breach of Contract Defense Known as “Laches”
“Laches is an equitable doctrine under the law which penalizes a party with a legal right to relief from enforcing that right after passage …
2025 Estate Tax Update
In 2025, only estates over $13,900,000 will have federal death tax exposure. Married couples will escape federal estate tax if their combined value is …
Efficient & Patient!
We came in to update our will and Michelle was the most efficient person I’ve dealt with in the last year. Fred was patient …
If You Loan Money and Wait Too Long to Collect It You May Lose Your Right to Collection
In this collection case a private lender challenged the court’s dismissal of his breach of contract claims because of the legal doctrine known as …
Can a Person Enter into a Contract to Make a Will Under New Jersey Law?
In New Jersey, drafting a Last Will is guided by statutory requirements and judicial precedent. One aspect of estate planning in New Jersey allows …
Navigating New Jersey’s Laws on Adoption and the Termination of Parental Rights
In the absence of a biological parent’s consent to surrender parental rights, a court must terminate the parental rights of the biological parent before …
Do Beneficiaries Pay Taxes on Life Insurance Policies?
Do you have to pay taxes on money received as a beneficiary? The general answer to my blog title is no; not usually. Most …
Implied Covenant of Good Faith and Fair Dealing Applies to All NJ Contracts and the NJ Consumer Fraud Act
An important law governing New Jersey commercial transactions is known as the “implied covenant of good faith and fair dealing”. This law states that …
Just How Far Can You Go with Making a Conscientious Employee Protection Act (CEPA) Claim Against Your Employer? (Part 2 of 2)
In my last blog I discussed a public employment case involving a corrections officer employed at Fort Dix. He claimed employment retaliation because of …
Just How Far Can You Go with Making a Conscientious Employee Protection Act (CEPA) Claim Against Your Employer? (Part 1 of 2)
CEPA is a complex statute and a detailed series of court decisions that interpret it. This blog will discuss whether CEPA covers reported violations …
The NJ Revised Uniform Limited Liability Company Act Limits Derivative Lawsuits by Family Members of a Small LLC
This case originated as a dispute between brothers over the managerial rights of a family owned LLC. Each member owned a 48% interest in …