Notice to Bar – Workers’ Comp. Courts Closed to Public until June 29, 2020 (COVID-19)

June 6, 2020 |

All N.J. Workers’ Compensation Courts shall continue to be closed to the public and to non-essential court personnel until Monday, June 29, 2020.  Judges of Compensation shall continue to hear as many workers’ compensation matters as possible by telephonic and video conferencing, including emergent and non-emergent matters, such as, trials, pre-trial conferences, motions for medical…

Second or Subsequent DUI Violation and Precisely Defining Any Probationary Terms

June 5, 2020 |

State v. Chavarria: Submitted by New Jersey DUI Lawyer, Jeffrey Hark. Defendant, Chavarria, originally entered negotiated guilty pleas to two counts of driving with a license suspended for a second or subsequent DUI violation, DUI, and refusing to provide a breath sample. In accordance with the plea agreement, the trial court sentenced him to an…

What Constitutes Reasonable Suspicion for A Motor Vehicle Stop

June 5, 2020 |

State v. Vargas Appellate Docket No.: A-1998-18T4 Decided June 2, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of an improper jury charge. In State v. Vargas, the Defendant Ramon L. Vargas was indicted for second-degree unlawful possession of…

Final Restraining Orders Even Easier to Obtain In Modern New Jersey

June 3, 2020 |

June 2, 2020 C.C. v. J.A.H. Docket No. A-4425-18T3 Decided May 4, 2020 P.E.O. v. R.J. Docket No. A-5354-18T1 Decided May 11, 2020   N.D. v. E.L.H. Docket No. A-3849-18T2 Decided May 11, 2020   S.C. v. J.D. Docket No. FV-13-1110-19 Decided March 21, 2019 Approved for publication May 7, 2020 Submitted by New Jersey…

Slip and Fall Injury: Landlord and Non-Delegable Duty to Remove Snow and Ice

May 29, 2020 |

Shields v. Ramslee Motors Docket No.: A-53 Decided January 23 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey considered the issue of a slip and fall on ice and whether the landlord of the property had a non-delegable duty to remove the snow…

Landlord / Tenant Slip and Fall On Ice, Who is Responsible for Removal?

May 29, 2020 |

Underhill v. Borough of Caldwell Docket No.: A-1800-18T4 Decided and Approved for Publication May 21, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent decision approved for publication, the Appellate Division considered the issue of a slip and fall on ice and whether the landlord of the property had a non-delegable…

In the Matter of the Estate of James J. Gillette

May 28, 2020 |

Docket No. A-3739-18T4 Decided May 22, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed the validity of a prenuptial agreement (“prenup”) after a husband, worth millions, passed away. In Gillette, husband and wife entered into a prenuptial agreement prior to their marriage.  Both…

Agreements in Family Court Subject to Judicial Intervention

May 28, 2020 |

Stanton v. Sembrat Docket No. A-5389-18T3 Decided May 22, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed $3,800 taken from a worker’s compensation settlement and placed to child support arrears, despite an agreement between the parties that defendant did not have to pay…

Ambiguity in Auto Insurance Policy Coverage and Personal Injury

May 27, 2020 |

Falk v. Donovan Docket No.: A-4236-18T4 Decided May 22, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed a trial judge’s decision to allow plaintiff coverage under the owner of the vehicle’s underinsured motorists coverage (UIM) of $500,000 when plaintiff’s own UIM policy was only…

MUNICIPAL COURTS — EXPANSION AND UPDATE OF STATEWIDE VIOLATIONS BUREAU SCHEDULE (DIRECTIVE #15-20)

May 22, 2020 |