Workers Compensation Case Involving Extensive Home Modification | Loeber v. Fair Lawn Board of Education

December 8, 2014 |

Case study of Loeber v. Fair Lawn Board of Education submitted by workers compensation lawyer, Jeffrey Hark The court overturned the Workers Compensation Judge’s Decision regarding the installation of an elevator in the petitioner’s home after suffering an injury which left him paralyzed and unable to traverse steps to the second floor as well as the steps into the…

Drug Company Enlists Doctors Under Scrutiny

December 3, 2014 |

Submitted by drug crime lawyer, Jeffrey Hark. Originally published here by the New York Times. Dr. Judson Somerville, a pain specialist in Laredo, Tex., received $67,000 in speaking fees, travel and meals in 2013 to promote a powerful and addictive painkiller called Subsys, according to a new federal database of payments that drug companies make…

Personal Injury at Little League Game | Torts

December 2, 2014 |

Submitted by personal injury attorney, Jeffrey Hark 36-2-5117 Brigante v. Tenafly Board of Education, App. Div. (per curiam) (10 pp.) In this Title 59 matter, plaintiff Linda Brigante appeals from the entry of summary judgment dismissing her complaint against defendant Tenafly Board of Education. Plaintiff went to Tenafly High School to watch her son’s baseball game. As she sat…

Personal Injury Case Involoving Preexisting Conditions

December 1, 2014 |

Case Review of Bascope v. Kovac, submitted by personal injury attorney, Jeffrey Hark. In this case the issue arose at the time of trial when the plaintiff asked the court to give the jury the aggravation of pre-existing condition jury charge.  The court denied plaintiff’s request and the jury returned a verdict of no cause.…

Probable Cause and the Issuance of Search Warrants | New Jersey vs Malkin

November 26, 2014 |

Review of State of New Jersey vs Malkin submitted by drug crime attorney, Jeffrey Hark. TRIAL JUDGE’S GRANTING OF A MOTION TO SUPPRESS A SEARCH WARRANT DUE TO INACCURATE STATEMENTS OF OFFICER IN AFFIDAVIT OVERTURNED BY APPELLATE DIVISION.  COURT RULES AGAIN THAT TOTALITY OF CIRCUMSTANCES OUTLINED IN AFFIDAVIT ARE MEASURING STICK FOR PROBABLE CAUSE FOR…

Rule 404(b) Unable to Introduce Evidence of a Crime when Defendant Deemed Not Guilty

November 24, 2014 |

State vs. J.M. – submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the Appellate Division ruled that Rule 404(b), evidence of other crimes, does not allow the the State to introduce evidence to a jury of a crime which a defendant has been found not guilty.  In this very lengthy and detailed opinion the…

Preponderance of the Evidence Standard | Professional License Defense

November 22, 2014 |

Submitted by Professional License Defense Attorney, Jeffrey Hark The Legislature has also recognized the importance of a medical license and the interest of the physician in retaining his license. The regulatory statute requires, in most instances, that a physician not be found guilty of professional misconduct unless his acts are so particularly egregious as to…

Some Limited Searches Aimed at Identification Do Not Violate Fourth Amendment Rights

November 10, 2014 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Vehicle Search After Accident to Identify Unconscious Driver State v. Sidorek decided October 7, 2014 is an appeal by the State of a motion to suppress that was granted in a vehicular homicide case. The relevant facts of the case are that an officer arrived at the…

New Jersey Workers Compensation – Coverage of a Work Related Injury Part II

November 8, 2014 |

Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark HAROLD NAULTY v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, This is an appeal of a workers compensation judge’s decision based on 16 days of trial over many testimony dates.  Although the issues in this opinion have been reiterated in numerous prior opinions and in different settings I believe it is…

Workers Compensation | Coverage of a Work Related Injury

November 7, 2014 |

Submitted by Workers Compensation Lawyer, Jeffrey Hark HAROLD NAULTY v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, We discern the following facts and procedural history from the record on appeal. Naulty was hired by Pemberton as a truck driver in September 2004. In addition to driving trucks, Naulty’s duties included leaf and brush collection, tree and road work, guardrail installation…