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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a conviction of a driving under the influence of intoxicating liquor (DUI) and leaving the scene of an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 In a recent unpublished decision the Appellate Division reviewed a dismissal of a motion to terminate alimony based on cohabitation because defendant failed to show evidence of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 In a recent unpublished decision, the Appellate Division reviewed a jury’s dismissal of plaintiff’s complaint for failure to demonstrate a permanent injury even though her doctor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.

Defendants Must Be Aware of The Dangerous Condition or They Most Likely Will Not Be Held Liable for A Slip and Fall Injury

March 18, 2021 |

Donatucci v. Altanticare Health Services Docket No.: A-1894-19 Decided March 17, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reversed the trial court’s dismissal of plaintiff’s complaint when he slipped and fell on a broken piece of sidewalk outside the facility and an employee had mentioned…

In Order for A Claim to Be Compensable, It Must Arise Out of The Scope of Employment

March 17, 2021 |

Pilone v. County of Middlesex Docket No. A-1676-19 Decided March 15, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent unpublished decision, the New Jersey Appellate Division reviewed whether an injury that occurred while a prosecutor was traveling a frequently traveled path for work to discuss a case at the donut shop…

Does Conduct Involving Parenting Time Disputes Constitute Harassment Under the Domestic Violence Statute?

March 17, 2021 |

C.C. v. I.C. Docket No. A-0771-19 Decided March 16, 2021 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reviewed whether defendant’s conduct towards plaintiff involving parenting time disputes constituted harassment under the domestic violence statute, warranting a Final Restraining Order (FRO). In C.C., The…