SOCIAL SERVICES LAW | WORKERS’ COMPENSATION

May 25, 2014 |

Submitted by Workers’ Compensation Attorney, Jeffrey Hark 62-2-3969 Parascandolo v. Dept. of Labor, et. al. , App. Div. (Espinosa, J.A.D.) (26 pp.) The appellant held two part-time jobs when she was temporarily disabled as a result of an injury at her employment by the Board of Education. She received temporary disability benefits (TDB) through her…

New Jersey DWI and Suppressed Blood Test Results | A-91-13 State v. Timothy Adkins (073803)

May 21, 2014 |

Presented by New Jersey DWI Lawyer, Jeffrey Hark. Should the defendant’s blood test results be suppressed in light of the U.S. Supreme Court’s decision in Missouri v. McNeely, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013), which held that there is no per se rule of exigency in drunk driving cases? The New Jersey State Supreme…

Warrantless home search and CONSENT? | State v. Coles | State v. Lamb

May 20, 2014 |

Submitted by New Jersey Criminal lawyer, Jeffrey Hark. Warrantless Search and Consent Most households in New Jersey are occupied by more than one person who exercise control over the premises, which begs the question of who can grant consent to conduct a warrantless search. Two cases were decided May 19th by the N.J. Supreme Court…

A Bridge, But Not a Loophole: DWI and Shared Jurisdiction

May 15, 2014 |

Submitted by New Jersey DWI Lawyer, Jeffrey Hark On May 6th, the NJ Appellate Division, in the case of State v. Parikh ruled that a New Jersey Trooper has jurisdiction to pull over a driver in Pennsylvania due to the concurrent jurisdiction. While approaching the Walt Whitman Bridge traveling west towards Pennsylvania, Defendant Shravan Parikh…

Pretrial Motions and Preserving a Claim

May 15, 2014 |

Submitted by New Jersey DWI lawyer, Jeffrey Hark The recent case State v. Parikh involved a DWI charge that was disputed on jurisdictional grounds. However, in the background of the case there was another issue that deserves special attention on this blog. In a last-ditch attempt to have his case dismissed, Parikh invoked the “fruits…

Medicaid Shift Fuels Rush for Profitable Clients

May 9, 2014 |

Submitted by New Jersey Fraud Attorney, Jeffry Hark. By NINA BERNSTEINMAY 8, 2014 Photo “They coerced people. They told residents they would lose their Medicaid if they didn’t sign,” said Robert Rosenberg, right, with his roommate, Howard Kucine. Storm evacuees were pressed to sign up with a managed care company. Credit Ruth Fremson/The New York…

Red-Light Camera Company Agrees To $2.1M Settlement of Class Suits

May 6, 2014 |

Submitted by Federal Case Lawyer, Jeffrey Hark Read the full article here: NJLJ Charles Toutant 05/02/2014 An operator of red-light cameras alleged not to be compliant with New Jersey law has agreed to pay $2.1 million to settle class-action suits alleging federal rights violations. Drivers ticketed based on Redflex Traffic Systems‘ cameras in five towns—Cherry…

Recent Child Porn Statute for Possession | New Jersey Sex Crime Law

May 6, 2014 |

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark Download the official Advisory document Administrative Office of the Courts Office of Professional and Governmental Services Glenn A. Grant, J.A.D. Deirdre Naughton Acting Administrative Director of the Courts Director, Professional and Governmental Services New Law Advisory  Advisory No. 2013-36 Issued: August 22, 2013 To: Assignment Judges…

Aggravation of a Preexisting Condition and Medical Expert Testimony | Yavuz v. Drury

May 5, 2014 |

Aggravated Preexisting Condition Award Requires Reasonable Medical Probability Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark 36-2-3756 Yavuz v. Drury, App. Div. A jury awarded plaintiff Bulent Yavuz $30,000 and plaintiff Samiye Gulderen Yavuz $80,000 in damages. Aggravation of a Preexisting Condition Defendants had conceded liability and the matter was tried on the issue…

Competent to Testify? Assessing the Credibility of Minors in Sexual Assault Cases

May 2, 2014 |

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark This blog discusses State v. Bueso, an appeal of a trial court conviction of first and second-degree aggravated sexual assault charges as well as a third-degree endangering the welfare of a child charge. This conviction was reversed and remanded for a new trial on April 22,…