Slip and Falls: Clumsy Patron or Negligent Shopkeeper?

May 2, 2014 |

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark A slip-and-fall is the classic personal injury scenario. A customer walks into a restaurant, doesn’t see a wet spot on the floor and hurts themselves. That is exactly what happened in Prioleau v. Kentucky Fried Chicken, Inc., et al. which was decided by the Superior Court…

Workers Compensation and Temp Agency Employees | Injured on the Job

May 2, 2014 |

Submitted by New Jersey Workers Comp Lawyer, Jeffrey Hark DANIEL HERNANDEZ, v. PORT LOGISTICS, a corporation  Submitted April 8, 2014 – Decided April 30, 2014 The issue in this case is the relationship between a temp worker hired by a temp agency working at a location assigned to him by the employer.  The temp worker is considered…

Pennsville attorney Martin J. Siegel accused of stealing $200K from clients

April 30, 2014 |

If You Have Been Misrepresented By Your Attorney Contact Jeffrey Hark Today! (866) 427-5529 Pennsville Police Chief Allen J. Cummings addresses the arrest of township attorney Martin J. Seigel who allegedly stole an estimated $200,000 from clients over the past three years. The press conference was at the township municipal court on Thursday, Jan. 9,…

Ineffective Assistance Seen in Failure To Raise Diminished-Capacity Defense

April 28, 2014 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Originally published in the NJLawJournal Michael Booth, New Jersey Law Journal A woman who pleaded guilty to infanticide was entitled to an evidentiary hearing on her claim that her lawyer should have argued diminished capacity due to her own history of sexual abuse as a child, a…

Supreme Court Taking Up Police Searches of Data Troves Known as Cellphones

April 28, 2014 |

Resubmitted by New Jersey Criminal Lawyer, Jeffrey Hark Originally published in the New York Times By Adam Liptak APRIL 27, 2014 Photo A phone collected in the George Zimmerman case in Florida. Arguments will be heard this week on whether searches of cellphones require warrants. Credit Gary W. Green/Reuters WASHINGTON — In a major test…

DWI Stop After Driver Was “Run Off the Road” | US Supreme Court Ruling

April 22, 2014 |

Submitted by New Jersey DWI attorney, Jeffrey Hark. Today the US. Supreme Court upheld a DWI stop based upon a tip that the driver had “been run off the road”. The Court found sufficient reliability in the detail and personal observation of the tip. See case attached. (Slip Opinion) OCTOBER TERM, 2013 Syllabus NOTE: Where…

ACECA Report Recommendations to Expedite New Jersey Civil Cases

April 16, 2014 |

Submitted by New Jersey Civil Lawyer, Jeffrey Hark The Supreme Court Advisory Committee on Expedited Civil Actions issued a report yesterday that recommends a number of ideas to improve the timeliness of civil cases and suggests a pilot program that would test their proposals. Chief Justice Stuart Rabner formed the committee in May 2013 to…

State v. Leone | Second Degree Theft by Deception and Pretrial Intervention

April 11, 2014 |

Submitted by New Jersey Criminal Lawyer, Jeffery Hark -2-3382 State v. Leone, App. Div. (per curiam) (13 pp.) Reversal of Pretrial Intervention On the State’s appeal, the appellate panel reverses the Law Division’s order admitting defendant Philip Leone to pretrial intervention (PTI) over the State’s objection. In 2004, Leone approached a longtime friend to solicit…

ObamaCare Drastically Improves the Health of Qui Tam Suits Under the False Claims Act

April 11, 2014 |

Cullen Byrne, Esq. One of the lesser-known sections of the Patient Protection and Affordable Care Act of 2010 (“Affordable Care Act”), colloquially known as ObamaCare, provides expansive amendments to the False Claims Act (“FCA”).1 While these amendments are not retroactive,2 they will most likely increase the amount of FCA-based claims in the future. The FCA…

Sidewalk Liability: Slip and Fall | New Jersey Personal Injury

April 11, 2014 |

Submitted by New Jersey personal injury attorney, Jeffrey Hark Bell v. Turiello, App. Div. (per curiam) (15 pp.) Plaintiff was working as a mail carrier when she tripped and fell on the public sidewalk in front of defendants’ two-family home. She broke her ankle and injured her foot. She sued defendant-property owners alleging that their…