Bartek v. LoSapio, No. A-3022-21, 2025 WL 37451 (N.J. Super. App. Div. Jan. 7, 2025)
This case deals with a codicil’s validity that does not reference the decedent’s most recent Last Will and Testament. The Appellate Division was not concerned
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January Meeting – Seven Deadly Claims
Archer attorneys Steven Mignogna and Melissa Osorio Dibble will present “Seven Deadly Claims” at the Estate Planning Council of Delaware January Meeting. “Seven Deadly Claims” focuses on the seven most significant causes of action stemming from the growing number of…
RPC 3.7 Prevents Attorney from Acting as Counsel at a Trial or Pretrial Evidentiary Hearing When the Attorney is Likely a Necessary Witness at the Trial or Hearing
Fountain Plaza, LLC, v. Petrock’s Liquors, Inc., No. A-1522-23, 2024 WL 4822646 (N.J. Super. App. Div. Nov. 19, 2024)
The Chancery Division, relying on R. 1:21-1(c) and RPC 3.7, granted defendant’s motion to disqualify plaintiff’s attorney. Plaintiff was granted leave…
Pennsylvania Legislature Expands Slayer Statute to Include Elder Abuse
In many jurisdictions, the law dictates that people cannot benefit from their crimes. In the realm of the administration of decedent’s estates, this principle takes the form of “slayer statutes” which state that a killer cannot inherit from their victim. …
Presumption of Revocation Found For Decedent’s Will Executed Before Marriage and Birth of Children
In re Estate of Kremer, 2024 WL 4964639 (N.J. Super. Dec. 4, 2024)
This case deals with revocation of wills and related points.
Bonnie Levine executed a will in 1992. The will named Bonnie’s sisters, Pamela McGinnis and Patrice Berman,…
Trial Court Lacked Discretion to Dictate the Order of Attorney Fees Payment From a Fund in Court
Mooney v. Convery, Nos. A-1576-22, A-1577-22 (N.J. Super. App. Div. Nov. 13, 2024)
This case came before the Appellate Division after the trial court awarded attorney fees but directed payment only after the defendant fully satisfied the judgment, rather than…
Appellate Division Clarifies Standards for Electronic Service, Affiant’s Personal Knowledge Requirement, and Quiet Title Actions
Nolasco v. Estate of Nolasco, Docket No. A-3176-22, 2024 WL 4563243 (N.J. Super. App. Div. Oct. 24, 2024)
This matter concerns a quiet title claim brought against the estate (“Estate”) of Otilio Nolasco (“Otilio” or “decedent”) by plaintiff Jose…
Archer Annual Labor & Employment Seminar
Join us for a complimentary Labor & Employment Breakfast Seminar. This course will cover the major state and federal laws affecting labor and employment law. Presenting at the seminar are Archer attorneys Kyra Bradley, Yvette Cave, Doug Diaz…
Appellate Division Remands Case for Determination of the Application of the Entire Controversy Doctrine to Claims of Breach of Fiduciary Duties
Ventre v. Balsamo, 2024 WL 4749519, (N.J. Super. App. Div. Nov. 12, 2024)
This matter came before the Appellate Division because the trial court found the plaintiff’s legal malpractice against claim against Arthur Balsamo, Esquire (“Attorney”) barred under the entire…
Court Strikes Down Overtime Rule That Increased Salary Thresholds for Overtime Exemptions
On November 15, 2024, the United States District Court for the Eastern District of Texas set aside and vacated the United States Department of Labor (DOL) rule that expanded overtime eligibility for employees. The rule had been issued by the…