Curative or Palliative” Care — The Statute require the court compel on treatment that will ‘probably relieve petitioner’s symptoms and improve ability to function.

December 15, 2019 |

Martin v. Newark Pub. Sch., N.J. Super. App. Div. Decided December 12, 2019 (Approved for Publication) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Procedural History: Petitioner Samuel Martin, III appeals from an August 13, 2018 order of the Workers’ Compensation Court denying his application for medical and temporary disability benefits (Also know as Motions…

Who to believe? The treating doctor or a doctor who performs a 1 time examination?

December 15, 2019 |

Martin v. Newark Pub. Sch., N.J. Super. App. Div. Decided December 12, 2019 (Approved for Publication) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. This is an interesting case and an interesting argument by the petitioner’s attorney.  Here, the petitioner filed a motion in workers compensation court to have the court order the employer’s physician…

How a workers compensation judge exercises his discretion and rules in favor of one party over another?

December 15, 2019 |

Martin v. Newark Pub. Sch., N.J. Super. App. Div. Decided December 12, 2019 (Approved for Publication) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. This is an interesting case and an interesting argument presented by the petitioner’s attorney. There are several different legal issues at play here which I will address in several different blogs.…

N.J.S.A. 2C:39-5(b)(1) unlawful possession of weapon

December 13, 2019 |

STATE OF NEW JERSEY,   v. KENNETH G. MURILLO, Decided December 11, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant appeals from his conviction for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1).1 Police found the gun stashed in a wall of a commercial establishment on a public street, where defendant had no privacy interest.…

TRO SOUGHT by threatening to release explicit photographs and videos of plaintiff to her family and friends

December 13, 2019 |

L.B.I., v. W.F.A.-Y., Decided December 12, 2019 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3211-17T4 Defendant W.F.A.-Y. appeals from the Family Part’s January 31, 2018 order granting his former girlfriend, plaintiff, L.B.I. a Final Restraining Order (FRO) under the Prevention of Domestic Violence Act of 1991…

PRETRIAL RELEASE AND ‘NATURE OF OFFENSE”

December 13, 2019 |

The State sought defendant’s detention under the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to 26. STATE OF NEW JERSEY  v. J.A.R.R., December 11, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On leave granted, the State appeals from the trial court’s July 18, 2019 order, entered after an earlier remand, denying the State’s motion to…

Harassment, Recording Devices and Domestic Violence

December 13, 2019 |

I.R.S. v. R.G.F., NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other…

DWI & Prior offenses and 6 months in Jail

December 13, 2019 |

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. On December 1 the New Jersey legislature’s July modifications to the DWI statute became effective.  The legislative changes enabled first time offenders to not lose their license for a DWI conviction. This may lead many to not hire an attorney or fight their case because they didn’t…

EXPERT OPINIONS AND ‘NET OPINIONS’ WHAT THAT EXPERT MUST SAY — ANOTHER PRIMER ON THE SUBJECT

December 8, 2019 |

KISHA MANLEY, v. ZIP LUBE OF BROAD STREET, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION December 6, 2019 Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Facts: In 2015, plaintiff took her vehicle to defendant for an oil change. Approximately six days later she began experiencing problems with the vehicle’s acceleration, and the engine made noise. Plaintiff took…

The statutory interplay between the Board of Medical Examiners statutes and the criminal code

December 8, 2019 |

The Board of Medical Examiners regulation (as well as all the other licensee regulatory governing statutes)provides administrative guidelines for licensees, reflecting any violation of its provisions “shall be deemed to constitute gross or repeated malpractice pursuant to N.J.S.A. 45:1-21(c) or (d) or professional misconduct pursuant to N.J.S.A. 45:1-21(e) . . . .” N.J.A.C. 13:35-6.3(j)—— but…