LAW OFFICES OF GEOFFREY D. MUELLER, LLC

366 Kinderkamack Road
Westwood, New Jersey 07675
610 East Palisade Avenue
Englewood Cliffs, New Jersey 07632
2 William Street - Suite 304
White Plains, New York 10601
Phone: (201) 569-2533 Fax: (201) 569-2554

Executive Plaza, LLC v. Peerless Insurance Company (12-1470-cv) - Second Circuit Certifies Coverage Question To New York Court of Appeals

Executive Plaza, LLC v. Peerless Insurance Company (12-1470-cv)

Per the Second Circuit:

"This case asks us to consider the interplay between two provisions in a fire insurance policy. One requires the insured to file suit on the policy within two years. The second requires the insured, when seeking replacement costs, to replace the damaged property before bringing suit, and to complete the replacement work "as soon as reasonably possible." What happens to insured property that cannot reasonably be replaced within two years? As New York case law does not clearly resolve the question raised by this appeal, we conclude that certification to the New York State Court of Appeals is appropriate."

***

Those of a less recent vintage will remember Judge Baime's presage:

We will not tarry with a lengthy discussion of United's highly technical arguments which wholly obfuscate the purpose of our inquiry. Summoning arcane constructional aids, "some as dated and as irrelevant as Roman law," s​ee Diamond Shamrock Chemicals v. Aetna, 258 N.J.Super. 167, 242, 609 A.2d 440 (App.Div. 1992), United seeks to deny what the uncontradicted evidence plainly shows; its policy was intended to cover product liability risks. In plain language, United has adopted the unholy mantra, "we collect premiums; we do not pay claims." We recognize that this is a harsh judgment. It is nonetheless warranted by the record before us.

Full text of the decisions after the jump...

Supplement to New Jersey's Compassionate Use Medical Marijuana Act Passes Assembly Nearly Unanimously - A765

Per Meagan Glaser, Policy Manager at Drug Policy Alliance New Jersey:

"A765 was passed by the Assembly [May 20, 2013] by a vote of 67 - 2.

"This important bill supplements the 'New Jersey Compassionate Use Medical Marijuana Act' to provide that a registered qualifying patient’s authorized use of medical marijuana is to be considered equivalent to using any other prescribed medication and not the use of an illicit substance that would otherwise disqualify a qualifying patient from needed medical care, including organ transplantation.

"A765/S1220 is awaiting a vote by the full [state] senate."

***

On the same day, Gov. Chris Christie said he is "not inclined to allow" children to participate in New Jersey's Medicinal Marijuana program.

Per the Star Ledger:

"'I'm very concerned, if we go down this slope of allowing minors to use this, where does it ends [sic]?' the governor said.

"Christie was responding to a question concerning a Star-Ledger report Sunday about Vivian Wilson, a 2-year-old child with a severe and rare form of epilepsy called Dravet Syndrome. She received a medical marijuana identification card from the state Health Department in February, but her parents, Brian and Meghan Wilson of Scotch Plains, have been unable to find a psychiatrist to support her enrollment in the program. The law requires the approval of a pediatrician, a psychiatrist and the child's prescribing physician before the family may purchase the drug on a child's behalf.

"The Wilsons are asking lawmakers to make an exception for their daughter and other seriously ill children who cannot be helped with traditional medication.

"'I have the health commissioner looking at that particular situation and making recommendations to me,' Christie said during a press conference in Lavallette. 'But I will tell you -- I've said this all along and I'll say it again -- I want New Jersey to be a compassionate state. And for people who this is your only option to get pain relief, for those who are terminally ill, (and) are chronically ill, we've authorized it,' the governor said.

"'But I am not going to allow New Jersey to become a California or a Colorado where someone can fake a headache and get a bag of pot on every corner. So I'm very concerned, if we go down this slope of allowing minors to use this, where it end[s],'" Christie added. 'So I'll have the health commissioner look at it, report back to me, but I don't want to mislead people either, I'm not inclined to allow them to have it.'"

Full article after the jump...

State v. Hinton; A-3/4-12 (070386) - Does Eviction Notice End Tenant's Right To Privacy?

Per The NJ Law Journal:

"New Jersey's high court is exploring whether a notice of eviction served at an apartment ends a resident's reasonable expectation of privacy and thus permits a warrantless search for drugs.

"A trial judge denied a motion to suppress in the case of Gene Hinton, who was arrested after the court official serving the notice at a public housing unit saw heroin in plain view and called the police. But the Appellate Division reversed and the state appealed, leading to oral arguments on Tuesday.

"Deputy Attorney General Emily Anderson told the court that the eviction changed the rules with respect to a need for a warrant. "The apartment had reverted back to the Newark Housing Authority," she said. "It's not only possible that others would enter into the apartment, it's probable that the government would enter.""

***

"Hinton's attorney, Deputy Public Defender Matthew Astore, said the Appellate Division was correct in determining that Hinton had a reasonable expectation of privacy.

"Hinton had 10 days to challenge the eviction notice. Even though he wasn't on the lease, he regarded himself as a co-tenant because he had lived in the apartment for about six years with the super's knowledge, Astore said.

"Serving an eviction notice, Astore continued, does not automatically take away a tenant's protections against unlawful searches and seizures or put the landlord in a position to authorize police to conduct a warrantless search.

""That would turn every eviction notice into police authority to search a premises," he said."

Full article, Appellate Division Decision and ACLU's amicus brief after the jump...

Scientific American:  New DSM-5 Ignores Biology of Mental Illness

Per Scientific American:

"This month the American Psychiatric Association (APA) will publish the fifth edition of its guidebook for clinicians, the Diagnostic and Statistical Manual of Mental Disorders, or DSM-5. Researchers around the world have eagerly anticipated the new manual, which, in typical fashion, took around 14 years to revise. The DSM describes the symptoms of more than 300 officially recognized mental illnesses—depression, bipolar disorder, schizophrenia and others—helping counselors, psychiatrists and general care practitioners diagnose their patients. Yet it has a fundamental flaw: it says nothing about the biological underpinnings of mental disorders. In the past, that shortcoming reflected the science. For most of the DSM's history, investigators have not had a detailed understanding of what causes mental illness.

"That excuse is no longer valid. Neuroscientists now understand some of the ways that brain circuits for memory, emotion and attention malfunction in various mental disorders."

More after the jump...

Recent News Reports of Elder Abuse Overlook Epidemic

Per The NYC Elder Abuse Center:

"News reports about individual elder abuse cases miss the proverbial forest for the trees when these stories are not framed within the context of a national elder abuse epidemic. This blog features three examples of elder abuse stories recently printed in elite newspapers, identifies the types of elder abuse present in each one and explores why it is important for the media to discuss elder abuse cases within the context of an elder abuse epidemic.

"One story featured in The Wall Street Journal entitled, Astor’s Son Loses Appeal in Fraud Case, reports on renowned philanthropist Brooke Astor’s son, who financially exploited and neglected her, losing his recent fraud conviction appeal. The second piece, a story from The New York Times entitled, Payment for Act of Kindness: 2 Days in Car Trunk at Age 89, features the horrific account of Margaret E. Smith, described as “the backbone dot in the center of Delaware,” being kidnapped, physically abused and robbed by two teenagers. A third case, reported on in the Chicago Tribune, entitled Nursing Assistant Charged with Taking $350K from Client’s Estate, illustrates a case of a longtime nursing assistant who befriended 90-year-old retired city engineer, Marshall Davies, offered to be his “round-the-clock caregiver” and then financially exploited him."

~~~


"For every one case of self-reported elder abuse in the New York State Elder Abuse Prevalence Study, 24 cases went unreported.

"Ms. Astor, Mr. Davies and Ms. Smith are not alone in experiencing elder abuse. Research suggests that one in ten older adults are victims of abuse. A 2010 New York State Prevalence Study found that a staggering numbers of older New Yorkers – 260,000 each year – confront abuse, neglect and exploitation. With 1 in 24 older New Yorkers not being known to any system, it is clear that many elder abuse victims suffer in silence. (For more information, see New York State Elder Abuse Prevalence Study.)"

The Law Offices of Geoffrey D. Mueller prides itself in practical and, where necessary, aggressive solutions to a variety of elder law issues.  Should you have any questions, please contact us at (201) 569-2533 or elderlaw@gdm-law.com.

한국인 직원이 한국말로 상담을 도와 드립니다.

More after the jump...