Icy Sidewalk Fall Leads to $1 Million Settlement in Burlington County Suit New Jersey Law Journal

July 13, 2021 |

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark A woman who was rendered disabled after falling on an icy sidewalk at her apartment complex received a $1 million settlement in her Burlington County suit, Tate v. Westover Companies, on May 7. Nicole Tate, who lived at the Willow Ridge Village Apartments in Marlton, fell…

ENDANGERING WELFARE OF CHILD NOT EXPUNGABLE EVEN IF NON SEXUAL

July 13, 2021 |

In the Matter of the Expungement Application of A.T. Appellate Docket No.: A-509-18 Decided January 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a published opinion, the Appellate Division of New Jersey affirmed the denial of an expungement for an offense in violation of N.J.S.A. 2C:24-4(a), endangering the welfare of a child, even…

Objecting, Even If Unsuccessful at The Time, Preserves the Issue for Appeal

July 13, 2021 |

State v. Scott Appellate Docket No.: A-4754-18 Decided July 9, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether jury instructions for the defense of duress should have been tailored to the facts of defendant’s case, rather than just a reading of the…

If Are Not Being Represented and Going to Trial, It Is Particularly Important to Obtain an Attorney

July 12, 2021 |

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1502-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ERNEST MIGNOLI, Defendant-Appellant. ________________________ Submitted March 1, 2021 – Decided July 7, 2021 Submitted by New Jersey Civil Lawyer, Jeffrey Hark On January 7, 2018, Captain Fahnolz of the Asbury Park Fire Department responded to defendant’s report. Defendant called in…

Voluntary Jury Waiver and Those Incarcerated During COVID-19

July 9, 2021 |

State v. Shtabnoy Appellate Docket No.: A-1716-19 Decided July 8, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a defendant’s conviction from a bench trial was a result of an improper jury waiver. In State v. Shtabnoy, on February 5, 2019, a…

JUDGES IN FAMILY COURT CAN DESIGNATE COUNSEL FEE AWARD AS NON-DISCHARGEABLE IN BANKRUPTCY

July 8, 2021 |

Bisbing v. Bisbing Docket No. A-0138-20 Decided July 7, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division affirmed an attorney fee award in a post-judgment divorce action as non-dischargeable in bankruptcy proceedings. In Bisbing, the parties divorced in April 2014. One year later, plaintiff sought to relocate…

A Child Living Away at Boarding School May Warrant a Modification of Child Support

July 7, 2021 |

Baeszler v. Baeszler Docket No. A-4669-18 Decided July 6, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reversed in part a trial court’s denial to modify an arbitration award finding a child living away in boarding school is changed circumstances sufficient to modify child support. In Baeszler,…

The Six Factors Required to Show Cohabitation for Purposes of Alimony Modification

July 6, 2021 |

Temple v. Temple Docket No. A-0293-20 Decided June 17, 2021 Approved for publication June 30, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing of…

In Case of An Illegal Search, Evidence May Be Suppressed and The Case Dropped

July 6, 2021 |

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0128-19 STATE OF NEW JERSEY, Plaintiff-Respondent, Versus BRUCE A. POOLE, a/k/aBRUCE POOL, Defendant-Appellant. _______________________ Submitted April 28, 2021 – Decided June 25, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arises out of a June 27, 2018, event where there were reported shots fired…

A Final Restraining Order Requires the Trial Judge to Make Certain Findings Pursuant to A Two-Prong Test

July 2, 2021 |

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3506-18 A.M., Plaintiff-Respondent, v. M.K., Defendant-Appellant. ________________________ Submitted February 24, 2021 – Decided June 28, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. Plaintiff obtained a temporary restraining order against defendant, on February 14, 2019. She alleges that he was harassing her frequently by contacting her…