Submitted by New Jersey Civil Lawyer, Jeffrey Hark. 32-7-3233 Horan v. Dilbet, Inc. , D.N.J. (Bumb, U.S.D.J.) (12 pp.) The District Court of New Jersey recently decided a case regarding shellfish food poisoning. The Plaintiffs got sick after consuming clams and sued the restaurant for negligence. In order to prove the restaurant […] Read more »
My Case was Dismissed Because of My Expert? I Thought He was an Expert…
32-2-3104 Ixcopal v. Crown Equip. Corp., N.J. Super. App. Div. (per curiam) (15 pp.) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. New Jersey’s Appellate Division recently dismissed a product’s liability case because the plaintiff’s expert did not base his opinion on adequate evidence. As a result, the plaintiff’s claim was […] Read more »
Homeowner’s Association Tort Immunity and Business Liability in Residential Housing
31-2-3044 Engle v. Paradise Pavers Pond Landscaping, LLC , N.J. Super. App. Div. (per curiam) (4 pp.) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. New Jersey Appellate Division recently decided a case regarding a trip and fall on a negligently maintained sidewalk abutting from a piece of the property. The plaintiff […] Read more »
Can I Sue the Land Owner if I am Injured by a Third Party?
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. 31-2-2943 Higgins v. Holiday Inn and Conference Ctr., N.J. Super. App. Div. (per curiam) (11 pp.) New Jersey’s Appellate Division has recently decided a case where individuals (plaintiffs) attending a party at a Holiday Inn were shot while smoking outside by an […] Read more »
I Just Received a Huge Settlement – Why Do I Have to Pay Huge Taxes?
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. The law is complicated. Tax law is even more complicated. Combine the two and you can find yourself in a real mess. When you receive a settlement, there can be numerous tax consequences that follow. In order to navigate towards the best […] Read more »
I Just Witnessed A Horrific Accident – Can I Sue for Emotional Damages?
Submitted by New Jersey Civil Lawyer, Jeffrey Hark In New Jersey, if you claim emotional damages because of someone else’s negligence caused you harm, all that needs to be proven is: 1) Defendant owed a duty of reasonable care to you 2) Defendant breached that duty 3) You suffered […] Read more »
Recent New Jersey Dog Bite Case Settles for $235,000
Published by New Jersey Dog Bite Lawyer, Jeffrey Hark. New Jersey, Camden County ANIMALS Dog Bite — Premises Liability — Animals — Animal Control Dog bite caused boy’s facial lacerations, suit alleged Settlement $235,000 Case Elijah Trader, a minor child, by his mother and guardian ad litem, Angela Medina […] Read more »
What do I do if I am denied Unemployment Benefits?
Appealing an Administrative Decision Standard of Review Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. We generally review a tribunal’s evidentiary determinations for abuse of discretion, and here we conclude that the appeals examiner mistakenly exercised her discretion. See Verdicchio v. Ricca, 179 N.J. 1, 34 (2004); N.J. Div. […] Read more »
Arbitration Clauses and Contracts in New Jersey
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. This case addresses New Jersey law regarding the ability of parties to a enter into negotiations and have a meeting of the minds regarding the use of an arbitration clause in their contract. Arbitration is a tool used by two parties to a […] Read more »
The Overdose Protection Act in Criminal and Civil Proceedings
Submitted by New Jersey Civil Lawyer, Jeffrey Hark LABOR AND EMPLOYMENT 25-2-8778 Burgess v. Cumberland County Dep’t of Corr., App. Div. (per curiam) (8 pp.) In this appeal, the issue was whether evidence arising out of an arrest, charge and prosecution prohibited by the Overdose Prevention Act (OPA) can be admitted in […] Read more »
