What is the LLC Buy-Out Standard?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey LLC Attorney The New Jersey Revised Uniform Limited Liability Act (RULLA) contains an express provision granting relief to oppressed minority LLC members.   The current LLC Act authorizes the remedy of a buy-out in lieu of dissolution.  Unlike the […]

Did You Know That a Court Appointed Receiver Cannot Be Held Personally Liable When He or She Screws Up a Business?

By Fredrick P. Niemann of Hanlon, Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Business & Corporation Law Attorney In a recent case, a Court appointed receiver was sued over the actions they allegedly took during their tenure administrating rental property.  Plaintiff’s case was dismissed because the United States Supreme Court has ruled […]

How Valid Are Nursing Home Visitation Restrictions

By Fredrick P. Niemann, Esq; a New Jersey Elder Care Lawyer Many nursing homes have policies whereby your children can only visit you during visiting hours. But that’s not exactly true, at least under Federal law. A resident’s family member can visit at any time of the day or night. Under the Nursing Home Reform […]

What is the Difference Between a Conservatorship and Adult Guardianship in New Jersey?

By Fredrick P. Niemann, Esq. of Hanlon Niemann a Monmouth County, NJ Guardianship Attorney A conservator in a NJ conservatorship has the court-ordered authority and responsibility to manage the affairs of those who can no longer make their own decisions about finances.  If the incapacitated person had planned ahead and signed a durable financial power […]

Legal Claims of Fraud Used to Sue for Elder Abuse and Financial Exploitation

By Fredrick P. Niemann, Esq. a NJ Elder Abuse and Fraud Exploitation Law Firm New Jersey law recognizes a number of legal claims of fraud against the elderly, each of which allows attorneys to sue the perpetrators. Common types of fraud include fraudulent misrepresentation, fraudulent concealment, constructive fraud and fraudulent inducement. Fraudulent Misrepresentation Fraudulent misrepresentation occurs when […]

Legal Rights of Nursing Home Residents Under Federal Law

By Fredrick P. Niemann, Esq. a NJ Discharge from a Nursing Home Lawyer The rights of nursing home residents are protected under a federal law known as the Nursing Home Reform Act (NHRA). The law requires nursing homes to protect the rights of each resident and places a strong emphasis on individual dignity and decision […]