Does a New Jersey property owner have a duty to protect a person who was the victim of a drive by shooting who had no intention of entering the defendants’ property and entered the property after he was shot! The short answer is NO!

December 31, 2018 |

NAJEE PASCHALL,  v. NORFOLK SQUARE APARTMENTS and WINGATE MANAGEMENT COMPANY, LLC, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2621-17T2 —— Argued December 5, 2018 – Decided December 28, 2018 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Issue:  Does a property owner have a duty to protect a person who was the victim of a drive by shooting…

Claims being made against any public entity in New Jersey

December 29, 2018 |

THE COURT MUST REVIEW THE TORT CLAIMS ACT MANDATORY LANGUAGE REGARDING INJURIES AND THE CASE LAW INTERPRETING THE STATUTE. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. “[I]n order to vault the pain and suffering threshold under the [TCA], a plaintiff must satisfy a two-pronged standard by proving (1) an objective permanent injury, and…

CAN I SUE NEW JERSEY TRANSIT?

December 29, 2018 |

WHAT TYPE OF INJURY MUST I HAVE TO GET TO A JURY? HOW TO GET PAST A MOTION FOR SUMMARY JUDGEMENT! WHY DID THE JUDGE DISMISS MY CASE AND NOT LET ME GET TO A JURY?  I WAS STRUCK BY A NEW JERSEY TRANSIT BUS! TYRONE BEATTY, v. MICHAEL BRESCHARD and NEW JERSEY TRANSIT CORPORATION, SUPERIOR COURT…

Should I go to trial? How will my case appear to a jury ? O’Connell v. Khiani , N.J. Super. App. Div.

December 24, 2018 |

O’Connell v. Khiani , N.J. Super. App. Div.   Appeal for trial decision in Middlesex County, New Jersey. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark This is a case of believability and credibility.  Based on the specific facts outlined below, and the steps taken by the defense attorney, the jury was asked, essentially, “Do…

CAN AN ANONYMOUS CALL BE ENOUGH EVIDENCE FOR THE POLICE TO COME TO A SCENE AND ARREST THIS DEFENDANT?

December 23, 2018 |

US V. MCCANTS 3RD CIRCUIT FEDERAL COURT DECISION — CAN AN ANONYMOUS CALL BE ENOUGH EVIDENCE FOR THE POLICE TO COME TO A SCENE AND ARREST THIS DEFENDANT? 2016 WL 4705452 United States District Court,D. New Jersey.  US v. Ibrahim McCants, Defendant.  Salas, District Judge. Pending before the Court are Defendant Ibrahim McCants’s motion to suppress. For…

Am I entitled to a trial? Do i have to plead guilty in Municipal Court? I do not want to plea bargain; can I go to trial?

December 23, 2018 |

State v. Colvell   New Jersey Appellate Division Decision December 21, 2018   MERCER COUNTY, TRENTON, LAWRENCE, PRINCETON, HIGHTSTOWN, PEMBERTON, FLORENCE Submitted by New Jersey Motor Vehicle Lawyer, Jeffrey Hark. This is a great case for every person to review!  Plea bargaining, paying fines and getting out of municipal court!  95% of all persons involved…

Application of D.B. For A Firearms Purchaser Identification Card and Permit to Purchase a Handgun

December 20, 2018 |

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0053-17T3 IN THE MATTER OF THE APPLICATION OF D.B. FOR A FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN. ___________________________ Submitted December 10, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court of New Jersey, Law Division, Passaic County, Municipal…

State v. GARY J. PASSARELLI. New Jersey Appellate Division December 17, 2018 How do I tell the police I want a Lawyer in New Jersey once I am arrested

December 19, 2018 |

State v. GARY J. PASSARELLI. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 4:00 p.m. on May 31, 2013, defendant was taken to the North Plainfield Police Department. He was questioned by Sergeant Michael Nugent and Detective Aaron Lacey from the Hunterdon County Prosecutor’s Office in an interview room that was video and…

Can I appeal my workers combination decision to a Appeal Court ?

December 19, 2018 |

Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. MICHAEL GERITY, Petitioner v. NEW JERSEY TRANSIT Facts: In 2005, petitioner was injured when another vehicle struck the bus he was driving for NJT. Through the workers’ compensation system, he underwent multiple surgeries on his arms and neck. In two successive settlements, he received an award of…

Legal Advertising and the Impact on Client Expectations

December 17, 2018 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Potential clients who hear about a lawyer’s past successes (without hearing qualifying disclaimers about the relevance of those past successes) are likely to misjudge the likely outcome of their case with that lawyer. An overly optimistic client will guess that her case will succeed if prior cases…