For a DUI or DWI in New Jersey, the Accused Must Be Observed for Twenty Minutes Uninterrupted

July 1, 2021 |

State v. Bruno Docket No. A-1144-19 Decided June 29, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed defendant’s guilty plea to a driving while intoxicated (DWI) after defendant challenged the twenty-minute observation period prior to the Alcotest breathalyzer. In Bruno, as part of…

Workers’ Compensation Claims and Re-injuring Previous Injuries

June 30, 2021 |

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5547-18 PATRICIA COSTANZO, Petitioner-Appellant, v. MERIDIAN REHAB, Respondent-Respondent. __________________________ Argued June 2, 2021 – Decided June 17, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. On April 1, 2016, petitioner was working for Meridian Rehab. When performing her duties, she slipped and fell to the…

The judge must rely on sufficient facts from the record to support legal conclusions as to grant or deny an FRO

June 29, 2021 |

A.M. v. M.K. Docket No. A-3506-18 Decided June 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) but remanded for the addition of plaintiff’s boyfriend to the FRO. In A.M., Plaintiff and defendant…

The Serious Implications of a Temporary Restraining Order, and the Steps to Take to Prevent a Final Restraining Order

June 29, 2021 |

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET A-2257-19 S.S., Plaintiff-Respondent, B.G., Defendant-Appellant. _______________________ Argued May 24, 2021 – Decided June 22, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. On November 19,2019, plaintiff obtained a temporary restraining order against the defendant. On December 12,2019, the hearing for the final restraining order took place. Prior…

The Plain View and Exigent Circumstance Exceptions to The Warrant Requirement

June 23, 2021 |

STATE OF NEW JERSEY, Plaintiff-Appellant, RASHEED M. PHILLIPS, Defendant-Respondent. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Here at Hark&Hark we have already written about State v. Phillips, in 2019. We stay up to date on this June 14, 2021, appellate decision. See  State v. Phillips | New Jersey Criminal Civil Lawyer. The facts are…

To Be Eligible for Workers’ Compensation, An Incident Must Pass a Two-Prong Test for An Injury Sustained During a Recreational or Social Activity

June 16, 2021 |

VIRIDIANA REGALADO, Petitioner-Appellant, F&B GARAGE DOOR, Respondent-Respondent Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. Petitioner worked for F&B Garage Door is a business that sells and installs residential garage doors. On Friday, December 23, 2016, respondent was hosting a holiday party at a local restaurant. Employees were encouraged to bring friends or families and…

Court Must Make Specific Findings for Domestic Violence Matters for A Final Restraining Order (FRO).

June 10, 2021 |

S.G. v. A.G. Docket No. A-0156-20 Decided June 8, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court denial of a Final Restraining Order (FRO) after the trial judge found plaintiff had not proved harassment after defendant entered her home…

Injuries While Attending Social Events or Recreational Activities Organized by Your Employer Will Not Be Compensable Unless the Attendance Was Required

June 9, 2021 |

Regalado v. F&B Garage Door Docket No. A-0083-20 Decided June 8, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the New Jersey Appellate Division reviewed whether an injury that occurred while an employee attended holiday party was compensable. In Regalado, Respondent sells and installs residential garage doors. The business…

Final Restraining Order (FRO) Granted After Plaintiff Perpetuating Physical Acts Against Plaintiff

June 8, 2021 |

J.C. v. T.T. Docket No. A-2955-19 Decided June 7, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court entry of a Final Restraining Order (FRO) after the trial judge found plaintiff credible of defendant perpetuating physical acts against plaintiff. In…

Case Brief: LATORRACA v. ALADYN, INC., A-0992-19, 2021 WL 2099826 (N.J. Super. Ct. App. Div. May 25, 2021)

June 4, 2021 |

Parties:               Plaintiff: Francine Latorraca Defendant: Aladyn, Inc. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Proc. Hist.:         Trial court granted summary judgment to defendant.  Plaintiff appealed arguing that defendant is responsible for the slippery conditions of the floor because of its “mode of operation.”  Plaintiff’s second argument states that even if a mode-of-operation theory fails…