2053 Woodbridge Avenue - Edison, NJ 08817

Saturday, April 07, 2007

NJ Laws Newsletter E241 April 5, 2007

Kenneth Vercammen's NJ Laws email newsletter E241 April 5, 2007
In this issue:
1 Nurse may be required to testify in DWI
2. Customer not guilty of shoplifting if billing dispute
3. Eden 5k Running Race April 15, 2007
4. NUTS & BOLTS OF ELDER LAW Monday, April 23, 2007

1 Nurse may be required to testify in DWI 02-09-07 State of New Jersey v. Robert C. Renshaw A-0712-05T1
The Court that the admission in evidence of the Uniform Certification for Bodily Specimens Taken in a Medically Acceptable Manner, pursuant to N.J.S.A. 2A: 62A-11, without the opportunity for cross-examination of the nurse who drew the blood, and over the objection of defendant, runs afoul of the right of confrontation protected both by the United States and the New Jersey Constitutions.

2. Customer not guilty of shoplifting if billing dispute
02-02-07 State of New Jersey v. Adam Goodmann A-1447-05T1
The court held that a customer who, following a billing dispute with Walgreens regarding the cost of photo processing, takes the finished photographs without paying for them, but gives his name and address to the store manager, cannot be found guilty of shoplifting. Photo processing constitutes a service, and therefore, Walgreens was not acting as a "merchant" when it contracted to develop the customer's film. Further, the photographs that Walgreens produced were not "merchandise," because they lacked value to anyone other the customer and were not salable.
The court also held that a customer, engaged in a billing dispute, who left contact information so that the dispute could be settled, cannot be found to have "purposely" taken possession of the "merchandise" with the intention of converting the same to his own use without "paying to the merchant the full retail value thereof."

3. Eden 5k Running Race April 15, 2007
Sunday (rain or shine)
5K: 9:00 AM Start
USATF-NJ Grand Prix Event (500 points)
Princeton Forrestal Village
Rt. 1 & College Rd W,
100 College Rd E
Princeton, NJ 08540-6613
* Food and refreshments
* Awards to 5K age-category and group team winners: 1st, 2nd and 3rd place
New runners and slower runners invited. Maximum number of runners per team- 21. when
* Relatively flat course
* T-Shirts (while they last)
* Water stops
* Group teams comprised of at least 4 participants welcome *
* Walkers and families welcome!
* Baldasari and Leestma timers
* USATF Certified Course, Sanction Race; USATF-NJ Grand Prix Event (500 points)

RACE HOTLINE: 609.631.9211 or fennelly@fennelly.com (Jerry Fennelly)

Monday, April 23, 2007
Ideal for attorneys, accountants, financial planners and other professionals
A basic introduction to elder law, from wills, powers of attorney and living trusts, to tax considerations, estate administration, and long-term care insurance - featuring sample forms, documents, and checklists!

Presented in cooperation with the NJSBA Elder & Disability Law Section
and NJSBA Young Lawyers Section

Ideal for attorneys, accountants, financial planners and other professionals
Monday, April 23, 2007
5:30 PM to 9:30 PM
Hilton Garden Inn, Edison / S578i-13166


Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today’s society.
This practical program is designed to provide the nuts and bolts of elder law practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field. A highly authoritative and experienced panel of elder law attorneys will share proven techniques and experience it would take you years to gather on your own. You’ll also gain insight on how Federal Medicaid Reform will impact your practice. Register today!
• Why Have a Will?
Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms
• Powers of Attorney
Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool
Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
• Basic Tax Considerations
Jointly-held property; “I love you” Will; no Will at all; insurance owned by client; unlimited marital
deduction; estate planning in the testamentary document; sample forms/letters
• Estate Administration
Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
• Medicaid Planning in Light of Federal Medicaid Reform
Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules
• Fair Hearing
• Long Term Care Insurance/Asset Protection
Limitations on coverage; exclusions; premium costs; inflation riders; pre-existing conditions; alternatives to nursing home care
• Guardianship

Sponsored by New Jersey Institute for Continuing Legal Education 
The non-profit continuing education service of: 
The New Jersey State Bar Association
, Rutgers - The State University of New Jersey,
Seton Hall University 
One Constitution Square, New Brunswick, New Jersey 08901-1520
For costs and registration information, call
Phone: (732)214-8500
Fax: (732)249-0383 • CustomerService@njicle.com •

Our law blog- http://njlaws1.blogspot.com/
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