Archive for February 2014
DiGerolamo v. Gale | Personal Injury from Tractor-Trailer Accident
TORTS | MOTOR VEHICLES – submitted by truck crash attorney, Jeffrey Hark. 36-7-3005 DiGerolamo v. Gale , Dist. Ct. (Kugler, U.S.D.J.) (12 pp.) In this personal injury action arising out of a collision between the vehicle driven by plaintiff and the tractor-trailer driven by defendant Gale, defendant Cheyenne’s Pilot Cars Inc., which contracted with the tractor-trailer’s owner…
Read MoreFeliciano v. Faldettaf | Offer of Judgement Rule and New Jersey Civil Law
36-2-2923 Feliciano v. Faldettaf, App. Div. (Waugh, J.A.D.) (9 pp.) Download the entire case here Case review submitted by New Jersey civil lawyer, Jeffrey Hark In this Appellate Division case the court was asked to decide if the plaintiff’s attorney is entitled to his hourly rate request on a contingent fee case once the condition precedents of the Offer of Judgement…
Read MoreState v. M.G.M . | New Jersey DWI and Pre Trial Intervention (PTI)
14-2-2963 State v. M.G.M ., App. Div. (per curiam) (11 pp.) Submitted by New Jersey DWI lawyer, Jeffrey Hark Several years ago the New Jersey legislature created the 4th degree offense under NJSA 2C:20-40-26(b) of driving while suspended as a result of a DWI suspension. This defendant, once indicted applied for PTI, Pre Trial Intervention. The county…
Read MoreState v. McGrath | New Jersey DUI and the Ignition Interlock Device
14-2-2924 State v. McGrath, App. Div. (per curiam) (14 pp.) Submitted by New Jersey DWI attorney, Jeffrey Hark After a trial de novo in the Law Division, defendant appeals from his conviction for refusing to submit to a chemical breath test. Defendant argues the conviction should be reversed because the officer read the April 2004…
Read MoreEmergency Aid Doctrine & Cell Phone Locations | New Jersey vs. Earls
State vs. Earls Download the case transcript Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The significant issues in this case is the application of the New Jersey Supreme Court’s prior decision in State vs. Earls. In that prior decision the New Jersey Supreme Court ruled that New Jersey citizens have a right to privacy…
Read MoreThe “Emergency Aid” Exception to the Warrant Requirement | State of New Jersey vs. Thomas W. Earls
Published by Criminal Defense Lawyer Jeffrey Hark Download the entire case excerpt at https://www.judiciary.state.nj.us/opinions/a2084-07.pdf July 11, 2011 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2084-07T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. Thomas W. Earls, Defendant-Appellant. Submitted March 22, 2011 – Decided Remanded by…
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