What Is Required for Police to Conduct A Motor Vehicle Stop and A K-9 Sniff?

April 20, 2021 |

State v. Barley Appellate Docket No.: A-2334-19 Decided April 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a canine sniff unreasonably delayed a traffic stop, leading to a conviction of an unlawful possession of a firearm. In State v. Barley, Police…

Pretrial Motions Can Often Make or Break A Case, As It Sets the Pathway to Recovery for Plaintiff

April 16, 2021 |

Hassan v. Williams Docket No.: A-3336-18 Decided April 13, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed a trial court’s evidentiary rulings in a tractor trailer crash in which the Court found no cause for Plaintiff, dismissing the complaint with no recovery. In Hassan, Plaintiff…

Failure of A Judge to Advise You About Increased Penalties for Future DUI’s, Will Not Prevent Those Increased Penalties from Being Applied

April 14, 2021 |

State v. Lukens Appellate Docket No.: A-0458-20 Decided April 13, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether the failure to warn defendant of increased penalties, including six months imprisonment for a conviction of a third driving while intoxicated (DUI), during the plea…

In Order for A Claim for Treatment to Be Compensable, It Must Be Medically Necessary and Causally Related to A Work Injury

April 13, 2021 |

Soto v. Exclusive Coachworks, Inc. Docket No. A-2331-19 Decided April 12, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent unpublished decision, the New Jersey Appellate Division reviewed whether a knee replacement was compensable under workers’ compensation when the petitioner had two prior knee surgeries that were not work related. In Soto,…

Denial to Vacate A Custody and Child Support Order Entered Nearly 8 Years Ago

April 8, 2021 |

K.A.B. v. M.P. Docket No. A-4153-18 Decided April 7, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s denial of plaintiff’s motion to vacate a custody and child support order entered nearly 8 years ago. In K.A.B., plaintiff and defendant have one child, K.P.,…

In Order for Search and Seizure, Officers Need Probable Cause Through A Warrant or Circumstances That Would Ordinarily Permit Officers to Get A Warrant

April 7, 2021 |

State v. Weaver Appellate Docket No.: A-4582-18 Decided April 6, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.             In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a police search of a home that lead to finding firearms under a mattress without a warrant and in search of the defendant who…

Window Tint Will Almost Always Be Grounds for Police to Pull You Over

April 6, 2021 |

State v. Cohen Appellate Docket No.: A-0210-19 Decided April 5, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police traffic stop was lawful when police believed there was window tint even though there actually was not unlawful tint. In State v.…

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…