Observation Of a Hand-To-Hand Transaction Alone Is Insufficient to Have a Reasonable and Articulable Suspicion of a CDS Transaction

January 11, 2022 |

State v. GIBSON Appellate Docket No.: A-3410-19 Decided January 10, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers simply observed a hand to hand transaction without seeing what was exchanged and conducted…

An Investigatory Stop, Followed by An Arrest Requires Reasonable and Articulable Suspicion as Well as Probable Cause

January 11, 2022 |

State v. Ruiz-Montano Appellate Docket No.: A-1070-19 Decided January 7, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress without an evidentiary hearing after detectives detained defendant, brought him back to the police station, and…

Defendants Are Entitled to Cross Examine Witnesses in Criminal Complaints and Charges Against Them

December 28, 2021 |

State v. Carrion State v. Hedgespeth Appellate Docket No.: A-14-20 and A-22-20 Decided December 27, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In recent opinions of the Supreme Court of New Jersey, the Court addressed whether an affidavit can be relied upon at trial which provided that the defendants did not appear…

Alimony Can Be Terminated Through Several Means

December 22, 2021 |

Kowal v. Hartman Docket No. A-4923-18 Decided December 21, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s termination of plaintiff’s alimony obligation based on the terms of the parties’ Property Settlement Agreement (PSA) and plaintiff’s disability. In Kowal, The parties were divorced in…

Plaintiff Pursued UIM (Underinsured Motorist) Coverage for Emotional Distress After Exiting His Vehicle and Seeing His Child Be Struck by a Car

December 17, 2021 |

G.G. v. B.G. Docket No.: A-4184-19 Decided December 14, 2021 Submitted by New Jersey Civil Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed a trial court’s denial of summary judgment to the insurance company after plaintiff pursued UIM (Underinsured Motorist) coverage for emotional distress after exiting his vehicle and seeing his child…

Defendant Appealed the Denial of His Motion for Attorney Fees and Sanctions in Action Arising from An Automobile Accident

December 12, 2021 |

Liberty Mutual v. David Doivilus Docket No.: A-4635-19 Decided December 7, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed a trial court’s denial of sanctions sought by defendant after plaintiff unsuccessfully sought presuit preservation of discovery following a crash. In Doivilus, on the morning of…

Converting a Temporary Restraining Order into a Final Restraining Order, Requires Proof of a Predicate Act of Domestic Violence

December 10, 2021 |

C.R.D. v. C.S. Docket No. A-0826-20 Decided December 7, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey remanded a trial court’s entry of a Final Restraining Order (FRO) due to the Court’s lack of legal analysis as to whether the restraining order was necessary…

Officers Conducted a Motor Vehicle Stop and Found a Firearm Upon Searching for the Driver’s Credentials After a Refusal

December 10, 2021 |

State v. Reid Appellate Docket No.: A-4238-19 Decided December 8, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers conducted a motor vehicle stop and found a firearm upon searching for the driver’s…

Trampoline Park Releases Are Typically Legitimate, Unless They Are Deemed Unclear (Ambiguous) Or Completely Unfair (Unconscionable)

December 8, 2021 |

David Johnson v. Sky Zone Indoor Trampoline Park Docket No.: A-2489-20 Decided December 6, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed the legitimacy of an arbitration clause contained in an electronic document signed as a condition of entering a trampoline park. In Johnson v.…

Not Adjusting Income Calculation to Take into Account Commuting Expenses and Alimnoy

December 3, 2021 |

Smith v. Smith Docket No. A-4226-18 Decided November 29, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division affirmed a trial court’s second amended final judgment of divorce on the issue of alimony for not adjusting income calculation to take into account commuting expenses. In Smith, the parties…