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 …
In Probate Disputes and Will Contests Only Reasonable Counsel Fees and Costs can be Ordered Charged to the Estate
I recently received a contested probate case which appealed the trial judge’s award of attorney’s fees and costs to the parties following a lengthy …
Can You Sue Your Insurance Agent for Not Recommending Enough Coverage?
Do you have enough insurance? Does your insurance agent ever discuss your coverage? Without enough insurance you risk loss of your savings and property. …
Medicare Open Enrollment Starts October 15th. Act Now!
If you have Medicare and want to change your plan and secondary coverage you have the opportunity now to do it. If you miss …
Sue Your Bogus Consumer Repair and Products Replacement Insurance Company
It bothers me when you buy insurance to protect against future repairs and replacement of defective parts and/or products and when a claim is …
Can My Family Inherit My Season Tickets Under a Parent’s Will or Trust?
New Jersey like New York is sports crazy especially when it comes to the Yankees, Mets, Jets, Giants, Rangers, Devils, Phillies and Eagles. (I …
NJ Allows for the Filing of a Medical Guardianship
Individuals with cognitive disabilities are eligible to have a medical guardian appointed on their behalf. Individuals with unique medical needs such as uncontrolled schizo-affective …
Medicaid Approves Both the Transfer of Parents Home to a Caregiving Child and Long-Term Care Benefits to the Parent
NJ has gotten really tough on approving transfers of a parent’s home to a child who provided care to their parent to avoid nursing …
Claiming to Be a Victim of Discrimination Isn’t Enough to Win an Employment Discrimination Case
I notice that many employees (actually they are now former employees when they bring their lawsuit) allege a violation of the New Jersey Law …
A Former Employer Cannot Claim “Specialized Knowledge Gained on the Job” to Stop an Employee from Leaving
One of the nation’s largest home building companies applied to court for injunctive relief to prevent one of his former employees from misappropriating alleged …
Fredrick P. Niemann, Esq. Appointed to Monmouth Bar Association’s Probate and Estate Administration Committee
Hanlon, Niemann and Wright, P.C. of Freehold, N.J. is pleased to announce that Fredrick P. Niemann, Esq. has been appointed to a one-year term …
When Can Beneficiaries Demand That Legal Fees and Costs Be Assessed Against an Executor?
Here’s an interesting case I recently read about. The case involved an executor who did a lousy job being the executor of an estate. …
New Jersey Adopts Domestic Worker’s Bill of Rights Effective July 1, 2024
The New Jersey Domestic Worker’s Bill of Rights Act (S-723/A-822) establishes a broad range of rights and employment protections for domestic workers. The impact …
How to Get into a Nursing Home When Medicaid is Needed ASAP
Getting into a nursing home as a Medicaid recipient is not always easy. With the median cost of a nursing home room being more …