DWI defense of “necessity“

January 12, 2020 |

This is a very interesting case for several points. I will address each one individually. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Standard of review for the appeal of a municipal court decision by the municipal court judge. I have written numerous blogs on this issue previously but it worth repeating at this time.…

Punitive Damages 2020 in New Jersey. What facts do you need?

January 12, 2020 |

CIGNARELLA,   v.  FITNESS INTERNATIONAL, LLC, LEVIN PROPERTIES, and AMERICAN POOL ENTERPRISES, INC., NEW JERSEY POOL MANAGEMENT, LLC, d/b/a AMERICAN POOL MANAGEMENT,1 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark Decided January 10, 2020 Summary : The key to this decision is the judge’s dismissal of the punitive damages count at the summary judgement stage prior to…

Personal Injury Law Firms through out the United States must hold funds from personal injury settlements or risk civil claims from the government regarding Unpaid Medicare Debts

January 10, 2020 |

If anyone doubts that Medicare is serious about recovering its lien, this should prove to be informative: Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. FOR IMMEDIATE RELEASE Wednesday, January 8, 2020 Philadelphia-Based Personal Injury Law Firm Agrees to Resolve Allegations of Unpaid Medicare Debts PHILADELPHIA – United States Attorney William M. McSwain announced…

The Unforeseen Dangers of a Device That Curbs Drunken Driving

December 23, 2019 |

Ignition interlock devices are becoming ubiquitous. They can distract drivers and cause crashes. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Over the past decade, states have increasingly turned to a powerful tool to stop drunken driving before it starts: miniature breathalyzers, wired into a car’s electronics, that prevent the engine from starting unless the…

Clearing marijuana offenses in N.J. is coming — if Murphy signs bill this time

December 20, 2019 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. People convicted of marijuana offenses in New Jersey are closer to getting their records cleared, as the state Legislature voted Monday to pass an expungement bill. “This move will make it possible for thousands of residents now and in the future to truly be able to…

New laws will clear N.J. criminal records for weed and allow people on parole to vote

December 19, 2019 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Some 80,000 people in New Jersey will have their voting rights restored and more will see their criminal records expunged, thanks to two bills Gov. Phil Murphy signed into law Wednesday. “Today is not just about writing a new chapter of New Jersey history,” Murphy told…

Curative or Palliative” Care — The Statute require the court compel on treatment that will ‘probably relieve petitioner’s symptoms and improve ability to function.

December 15, 2019 |

Martin v. Newark Pub. Sch., N.J. Super. App. Div. Decided December 12, 2019 (Approved for Publication) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Procedural History: Petitioner Samuel Martin, III appeals from an August 13, 2018 order of the Workers’ Compensation Court denying his application for medical and temporary disability benefits (Also know as Motions…

Who to believe? The treating doctor or a doctor who performs a 1 time examination?

December 15, 2019 |

Martin v. Newark Pub. Sch., N.J. Super. App. Div. Decided December 12, 2019 (Approved for Publication) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. This is an interesting case and an interesting argument by the petitioner’s attorney.  Here, the petitioner filed a motion in workers compensation court to have the court order the employer’s physician…

How a workers compensation judge exercises his discretion and rules in favor of one party over another?

December 15, 2019 |

Martin v. Newark Pub. Sch., N.J. Super. App. Div. Decided December 12, 2019 (Approved for Publication) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. This is an interesting case and an interesting argument presented by the petitioner’s attorney. There are several different legal issues at play here which I will address in several different blogs.…

N.J.S.A. 2C:39-5(b)(1) unlawful possession of weapon

December 13, 2019 |

STATE OF NEW JERSEY,   v. KENNETH G. MURILLO, Decided December 11, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant appeals from his conviction for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1).1 Police found the gun stashed in a wall of a commercial establishment on a public street, where defendant had no privacy interest.…