Injured Plaintiff May Have A Disadvantage in Arbitration Versus Court

April 1, 2021 |

Lawrence v. Sky Zone Docket No. A-3092 Decided March 30, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed whether an arbitration clause in a release agreement at Sky Zone signed by the plaintiff was enforceable and therefore, a jury trial would be waived and plaintiff…

The Use of Consent Orders When Coming to Agreements in Divorce and Family Cases

March 30, 2021 |

Mariana v. Mariana Docket No. A-1240-19 Decided March 29, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s denial of defendant’s motion to require plaintiff to pay half of outstanding tax liabilities after a division of retirement accounts resulted in an unforeseen tax bill.…

For Motor Vehicle Accidents, UIM Coverage May Be Available If the UIM Policy Exceeds That of The Other Driver, Known as The Tort Feasor.

March 26, 2021 |

Wilson v. Ortiz-Ponce Docket No.: A-0316-19 Decided March 25, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division ruled a plaintiff cannot collect on her $100,000 Underinsured Motorist Coverage (UIM) when the defendant’s $100,000 had to be split with multiple injured plaintiff’s. In Wilson, plaintiff Shirley Wilson’s…

An Alcotest and Field Sobriety Test Are Not Absolutely Necessary to Prove Intent to Operate A Vehicle Under the Influence

March 25, 2021 |

State v. Lyons Appellate Docket No.: A-3017-19 Decided March 24, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a conviction of a driving under the influence of intoxicating liquor (DUI) and leaving the scene of an accident after defendant was found outside of…

Cohabitation Is One Path to Terminate an Alimony Obligation

March 24, 2021 |

Clemas v. Clemas Docket No. A-5029-18 Decided March 22, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a dismissal of a motion to terminate alimony based on cohabitation because defendant failed to show evidence of comingled funds and any further evidence that the individuals were residing…

Whether the Termination of Alimony Payments Is Appropriate or Not

March 23, 2021 |

Submitted by New Jersey Family Lawyer, Jeffrey Hark. In January 2013, the parties divorced after fourteen years of marriage. They had two children together. The trial court entered a final judgment of divorce in June 2014, and pursuant to the final judgment, defendant pays plaintiff $2,500 per month in alimony. Defendant filed an initial motion to…

The Legality and Appropriateness of Entering A FRO, And of Awarding Counsel Fees and Punitive Damages

March 23, 2021 |

Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. After the conclusion of a six month trial, defendant appealed the entry of a June 20, 2019 final restraining order (FRO) pursuant to the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35. Defendant also appealed the judge’s November 18, 2019 reconsideration decision awarding plaintiff G.D.…

Insurance Is the Best Way, And Sometimes the Only Way, To Recover Monetary Damages for Personal Injury

March 23, 2021 |

Rana v. Allstate Docket No.: A-4305-18 Decided March 22, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed a jury’s dismissal of plaintiff’s complaint for failure to demonstrate a permanent injury even though her doctor recommended surgery. In Rana, Plaintiff was involved in an automobile accident…

If A Defendant Creates the Hazard That Caused Your Injury, They Will Usually Be Liable for Damages

March 19, 2021 |

Seeley v. Caesars Entertainment Docket No.: A-2125-19 Decided March 18, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reversed the trial court on the issue of whether a wet bathroom floor causing a slip and fall and injury to the plaintiff was the fault of the…

Lawyers Who Include Clients on Group Emails and Opposing Lawyers Who “Reply All”

March 18, 2021 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.