Personal Injury Complaint Dismissed Because the Plaintiff’s Expert Report May Have Been Sufficient to Overcome Summary Judgment

July 19, 2022 |

Tennille Broome v. Shoprite of Millville Docket No.:    A-210-20 Decided July 18, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division overturned a dismissal of a personal injury complaint because the plaintiff’s expert report may have been sufficient to overcome summary judgment. In Broome v. Shoprite,…

Dismissal Of a Temporary Restraining Order (TRO) And Denial of a Final Restraining Order (FRO) Reversed After a Judge Found Defendant Broke Plaintiff’s Finger in a Dispute

July 19, 2022 |

M.R. v. M.D. Docket No. A-95-21 Decided July 13, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey overturned and reversed a trial court’s dismiss of a Temporary Restraining Order (TRO) and denial of a Final Restraining Order (FRO) after a judge found defendant broke…

A Significant Non-Temporary Change of Circumstances May Be Used to Modify an Agreement or Court Order for Custody, Child Support, or Alimony

July 12, 2022 |

Horvath v. Horvath Docket No. A-2225-20 Decided July 11, 2022 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed an order modifying rehabilitative alimony into limited duration alimony and failing to properly calculate child support with a social security disability derivative benefit. In Horvath, the…

Plaintiff’s Complaint Was Almost Dismissed with Prejudice Because the Attorney Did Not Arrange for Plaintiff to Receive Adequate Treatment and Reporting

July 11, 2022 |

Jinu Krishnankutty v. Elliot Kolb Docket No.:    A-3510-20 Decided July 8, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division overturned a dismissal of a personal injury complaint because the plaintiff’s expert report was sufficient to overcome summary judgment, albeit without clarity. In Krishnankutty v. Kolb,…

Search And Seizure of a Handgun and Drugs Suppressed After Officers Lacked Reasonable Suspicion

July 6, 2022 |

State v. Nazier Goldsmith Appellate Docket No.: A-77-20 Decided July 5, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey suppressed a search and seizure of a handgun and drugs after officers lacked reasonable suspicion defendant was committing a crime after exiting the walkway adjacent to…

Officers Had Probable Cause to Search Defendant’s Vehicle Due to a Canine Sniff, But Were Required to Request a Search Warrant

July 5, 2022 |

State v. Kyle A. Smart Appellate Docket No.: A-2334-21 Decided June 30, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division of New Jersey affirmed a trial court’s granting of a motion to suppress after officers had probable cause to search defendant’s vehicle due to a canine sniff,…

Unless Divorce and Custody Agreements Are Reduced to Writing and Signed by the Parties Normally the Agreement Is Not Going to Be Enforceable

June 30, 2022 |

Goethals v. Goethals Docket No. A-3657-20 Decided June 29, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of defendant’s request to enforce an agreement after mediation but never put into writing. In Goethals, after fifteen years of marriage, the…

Supreme Court Of New Jersey Reviewed the Prohibition of Car Window Tint and Concluded That the Statute Was Unconstitutionally Vague

June 29, 2022 |

State v. David L. Smith Appellate Docket No.: A-4-21 Decided June 28, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reviewed the prohibition of “non-transparent material” on car windows, otherwise known as tint, and concluded that the statute was unconstitutionally vague, reversing a finding of…

A Defendant Cannot Be Subject to Enhanced Sentencing Outside the Negotiated Plea Agreement Based on New Charges Alone

June 27, 2022 |

State v. Jaime Cambrelen Appellate Docket No.: A-1008-20 Decided June 24, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reversed a defendant’s enhanced sentencing after the State withdrew from the original plea agreement and recommended sentencing after defendant incurred new charges while pending sentencing…

Reversed: Imposition of An Additional Penalty of a Workers’ Compensation Settlement Due to Delay in Payment

June 24, 2022 |

Louis Ripp v. County of Hudson Docket No.: A-2972-20 Decided June 3, 2022 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division of New Jersey reversed the imposition of an additional penalty of a Workers’ Compensation settlement due to delay in payment. In Ripp, Louis Ripp worked for…