Submitted by New Jersey Civil Lawyer, Jeffrey Hark 34-2-5430 D’Agostino v. Gesher LLC, App. Div. (per curiam) (19 pp.) In this action plaintiff is making a claim against the selling (defendant’s) bank’s broker and attorneys – alleging they interfered with plaintiff’s opportunity to enter into a contract to purchase property, The Law Division’s orders dismissing…
Wilson v. Podeia, App. Div. – submitted by vehicle accident lawyer, Jeffrey Hark This case addresses a very important issue regarding police injuring plaintiffs while they are in the course of responding, in good faith, to emergencies. There is a specific code section, N.J.S.A. 59:3-3 which give the officers immunity, so long as they are:…
MEDICAL MALPRACTICE – submitted by New Jersey Malpractice Attorney, Jeffrey Hark 29-2-5415 Colon v. Robinson, App. Div The subject matter of this appeal to two fold. Factually the plaintiff has claimed, and was successful at trial with regard to a dental malpractice lawsuit stemming from the alleged extraction of the wrong tooth by defendant Lealon…
Submittied by workers compensation attorney, Jeffrey Hark LOUIS F. PANDOLFO, v. D&C CHEVY/HONDA,This case is highlights why you need an attorney to represent you for workers compensation matters and, for that matter, all matters involving the trial and appellate courts. There are significant legal hurdles petitioners and plaintiffs must satisfy in order to successfully present their…
Case analysis of State v. William A. Case, Jr. submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In this case, the Court reviews whether the trial court misapplied the sentencing principles of the Code of Criminal Justice in imposing a sentence that includes a parole disqualified. The Supreme Court determined after a lengthy review of the facts…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In order to successfully obtain a new criminal trial, based on new evidence, the defendant must show: that “the evidence is 1) material, and not ‘merely’ cumulative, impeaching, or contradictory; 2) that the evidence was discovered after completion of the trial and was ‘not discoverable by reasonable…
Case study of Loeber v. Fair Lawn Board of Education submitted by workers compensation lawyer, Jeffrey Hark The court overturned the Workers Compensation Judge’s Decision regarding the installation of an elevator in the petitioner’s home after suffering an injury which left him paralyzed and unable to traverse steps to the second floor as well as the steps into the…
Submitted by drug crime lawyer, Jeffrey Hark. Originally published here by the New York Times. Dr. Judson Somerville, a pain specialist in Laredo, Tex., received $67,000 in speaking fees, travel and meals in 2013 to promote a powerful and addictive painkiller called Subsys, according to a new federal database of payments that drug companies make…
Submitted by personal injury attorney, Jeffrey Hark 36-2-5117 Brigante v. Tenafly Board of Education, App. Div. (per curiam) (10 pp.) In this Title 59 matter, plaintiff Linda Brigante appeals from the entry of summary judgment dismissing her complaint against defendant Tenafly Board of Education. Plaintiff went to Tenafly High School to watch her son’s baseball game. As she sat…
Case Review of Bascope v. Kovac, submitted by personal injury attorney, Jeffrey Hark. In this case the issue arose at the time of trial when the plaintiff asked the court to give the jury the aggravation of pre-existing condition jury charge. The court denied plaintiff’s request and the jury returned a verdict of no cause.…