Civil Law
I Just Received a Huge Settlement – Why Do I Have to Pay Huge Taxes?
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. The law is complicated. Tax law is even more complicated. Combine the two and you can find yourself in a real mess. When you receive a settlement, there can be numerous tax consequences that follow. In order to navigate towards the best situation possible, you are going…
Read MoreI Just Witnessed A Horrific Accident – Can I Sue for Emotional Damages?
Submitted by New Jersey Civil Lawyer, Jeffrey Hark In New Jersey, if you claim emotional damages because of someone else’s negligence caused you harm, all that needs to be proven is: 1) Defendant owed a duty of reasonable care to you 2) Defendant breached that duty 3) You suffered severe emotional distress; and 4)…
Read MoreRecent New Jersey Dog Bite Case Settles for $235,000
Published by New Jersey Dog Bite Lawyer, Jeffrey Hark. New Jersey, Camden County ANIMALS Dog Bite — Premises Liability — Animals — Animal Control Dog bite caused boy’s facial lacerations, suit alleged Settlement $235,000 Case Elijah Trader, a minor child, by his mother and guardian ad litem, Angela Medina v. Arif Smith, No. CAM-L-1818-15…
Read MoreWhat do I do if I am denied Unemployment Benefits?
Appealing an Administrative Decision Standard of Review Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. We generally review a tribunal’s evidentiary determinations for abuse of discretion, and here we conclude that the appeals examiner mistakenly exercised her discretion. See Verdicchio v. Ricca, 179 N.J. 1, 34 (2004); N.J. Div. of Youth & Family Servs.…
Read MoreArbitration Clauses and Contracts in New Jersey
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. This case addresses New Jersey law regarding the ability of parties to a enter into negotiations and have a meeting of the minds regarding the use of an arbitration clause in their contract. Arbitration is a tool used by two parties to a contract to resolve their legal…
Read MoreThe Overdose Protection Act in Criminal and Civil Proceedings
Submitted by New Jersey Civil Lawyer, Jeffrey Hark LABOR AND EMPLOYMENT 25-2-8778 Burgess v. Cumberland County Dep’t of Corr., App. Div. (per curiam) (8 pp.) In this appeal, the issue was whether evidence arising out of an arrest, charge and prosecution prohibited by the Overdose Prevention Act (OPA) can be admitted in civil disciplinary proceedings against a…
Read MoreTrial Judge’s Abuse of Discretion for Prejudicial Admitting Evidence
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Factually, this case addresses a plaintiff’s pre-and post car accident history relative to the subject of the law suit. The defense attorney asked questions about a plaintiff’s driving history in front of the jury in an effort to show the plaintiff was involved in 5 other accident after…
Read MoreNotice to Quit and Eviction: A Brief Guide for Landlords and Tenants
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Summit Plaza Associatates v. Contreras is a landlord-tenant dispute decided on November 17th by the Appellate Division. The underlying facts of the case are that neighbors of the tenant/defendant claimed they were making excessive noise at all hours of the night. After a ten-day notice to cease…
Read MoreThe Cost of Making False Criminal Claims | Malicious Prosecution
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Malicious Prosecution Do people make fake police reports for personal reasons? Yes. If you are a victim of this is there a civil remedy? Yes. The claim is called malicious prosecution. It is exactly the subject matter of Dixon v. Kargman, decided by the Appellate Division on…
Read MoreLegal Partnership Disputes: Reasonable If Not Clean Cut
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. This blog is important for any lawyer who splits fees with another lawyer and any client who is thinking of switching attorneys, especially if they previously worked together. In Weininger v. Fritzen, decided November 2, the Appellate Division was forced to decide a fee dispute between two…
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