Highway Guardrail May Be Deadly, States Say

October 13, 2014 |

Submitted by Personal Injury lawyer, Jeffrey Hark. Originally published here by the New York Times. The guardrail that Darius Williams’s car struck in February should have curled safely away. Instead, it became a spear. By last month, state transportation officials in Missouri said they had seen enough. Federal highway officials had long insisted that guardrails…

High School Football Players Charged in N.J. Hazing Case

October 11, 2014 |

Originally published here by the New York Times. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Sayreville War Memorial High School in New Jersey. Credit Mel Evans/Associated Press Seven New Jersey teenagers were charged on Friday in connection with a series of sexual assaults in a hazing scandal that prompted a high school to cancel…

Wrongful Death and the Workers Compensation Act

October 10, 2014 |

Submitted by New Jersey Civil Lawyer, Jeffrey Hark This blog concerns Blackshear v. Syngenta Crop Protection, Inc. which was decided by the Appellate Division on October 6, 2014. The plaintiff, wife of Mr. Blackshear brought a wrongful death claim against his former employer and several pesticide manufacturers when he died of brain cancer. The trial…

Personal Injury in Closed City Park

October 6, 2014 |

Submitted by personal injury lawyer, Jeffrey Hark Personal Injury and Summary Judgement 36-2-4472 Soberal v. City of Millville , App. Div. (per curiam) (10 pp.) Plaintiff filed this personal injury negligence action after he was injured when, while walking in a city park, his leg went into a hole that had been hidden by grass…

Different Record Same Evidence: When Pretrial Motion Records Can Be Incorporated

September 23, 2014 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Bruno Gibson, decided September 16, 2014 by the Supreme Court of New Jersey lays out the difference between evidence presented at a motion to suppress hearing and evidence at trial as well as when to acquit a defendant versus when to remand them for a…

Net Opinions Are Not A Smoking Gun

September 19, 2014 |

Submitted by New Jersey Civil Case Lawyer, Jeffrey Hark Expert Witness to Determine Cause of Fire In New Jersey there is a net opinion rule that prevents overly general expert opinions that are not supported by factual evidence from being admitted. In other words experts must provide factual backing for the conclusions they draw. In…

Communication Data as Evidence: Discovering The Tweeter Behind the Tweet

September 17, 2014 |

Submitted by internet sex crime lawyer, Jeffrey Hark Internet Sex Crimes and Technology State v. Brown, decided September 11, is an interlocutory appeal by the State from the grant of the defendant’s motion in limine that required the State to produce an expert to explain internet service provider and cell phone records. The State wanted…

Just A Chat With The Police | Investigatory Stops

September 15, 2014 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Sometimes It Just Makes Sense to Talk to the Police State v. Merrit was decided in the Superior Court of New Jersey Appellate Division on September 10th. The defendant was charged with third-degree conspiracy to possess crack cocaine. His motion to suppress evidence was denied by the…

Videos Required In New Jersey on all New Police Patrol Vehicles

September 11, 2014 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A law requiring all new municipal police patrol vehicles be equipped with video cameras was signed into law on Wednesday, Assemblyman Paul Moriarty (D-4 of Washington Township) said. Moriarty, who sponsored the bill after an in-car camera captured his 2012 DWI arrest and provided evidence that lead to a dismissal…

From Tip to Arrest: An Overview of Your Rights When Police Stop You

August 30, 2014 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Wright is an appeal of a denial of a motion to suppress evidence. This case touches on several important issues in criminal law including, de facto arrest, reasonable articulable suspicion v. probable cause, plain view doctrine, and exigent circumstances. The basic facts of the case…