Civil Law
Attorneys Who Handled Nurse’s 2014 NJ Ebola Quarantine Talk Coronavirus Claims
Norman Siegel and Steven Hyman, who represented Kaci Hickox in legal fights against the state of New Jersey and others over a 2014 quarantine order for Ebola, predicted that few civil liberty claims filed over coronavirus restrictions would hold up in court. Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Attorneys who previously worked on…
Read MoreEXPERT OPINIONS AND ‘NET OPINIONS’ WHAT THAT EXPERT MUST SAY — ANOTHER PRIMER ON THE SUBJECT
KISHA MANLEY, v. ZIP LUBE OF BROAD STREET, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION December 6, 2019 Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Facts: In 2015, plaintiff took her vehicle to defendant for an oil change. Approximately six days later she began experiencing problems with the vehicle’s acceleration, and the engine made noise. Plaintiff took…
Read MoreSummary judgment granted dismissed death case affirmed on appeal
Deravil on behalf of Amilia Cius v. Hamilton Township, Mercer County, State of New Jersey and Pantaleone Submitted by New Jersey Civil Lawyer, Jeffrey Hark. November 1, 2019 New Jersey Appellate Division (Not for publication without approval by the appellate division) The sole question in this case was whether a specific road was a dangerous…
Read MoreBurden of Proof: Motion for New Trial after jury verdict — What I need to prove!
Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019 (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. We review the denial of a motion for a new trial under the same standard that bound the trial court. Risko v. Thompson Muller Auto. Grp., Inc., 206 N.J. 506, 522…
Read MoreMotion for New trial based on wrongful evidentiary ruling by trial judge — Burden of Proof on Motion for New Trial
Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019 (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Burden of Proof— We also review a trial court’s evidentiary rulings under a deferential standard. “When a trial court admits or excludes evidence, its determination is ‘entitled to deference absent a…
Read MoreClosings and Jury Charge — Time Unit Measurement — What is it and how to use it! New Jersey Model Civil Jury Charge 8.11Gi and ii.
Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019 (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. In this case the plaintiff’s attorney asked the court to give the following ‘time unit measurement jury charge based on past and future pain and suffering— (i) LIFE EXPECTANCY (Approved 02/1996)…
Read MoreWhat is do I have to do when I appeal a Municipal Court and Law Division rulings against me?
STATE OF NEW JERSEY, Plaintiff-Respondent, v. THOMAS HEROLD, New jersey Appellate Division Decided February 27, 2019 (UnPublished Decision) Submitted by New Jersey Civil Lawyer, Jeffrey Hark This is a dog owner’s appeal of a municipal court decision declaring the family dog “Vicious” under New Jersey’s Vicious or Potentially Dangerous Dog Act (Act), N.J.S.A. 4:19-17 to -37. The facts are…
Read MoreWhy can’t a injured party tell the jury that other passengers were injured in a car crash in New Jersey
Rashid v. Reed. Atlantic County law division trial court decision decided July 31, 2018 approved for publication February 25, 2019. Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Earlier this week I wrote a blog on a decision this very same Presiding New Jersey civil division judge ruled on. In that case the presiding civil…
Read MorePrejudicial conduct of a insurance defense attorney requires new trial
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. JUAN MORALES-HURTADO, Plaintiff-Appellant, v. ABEL V. REINOSO and NEW SERVICE, INC., New jersey Appellate Division December 6, 2018 Issues: What professional conduct is far wide of the mark to warrant a new trial. How far can defense counsel to cross examine the plaintiff and the plaintiff’s doctors without causing undue prejudice? The…
Read MoreAs a landlord can you evict someone for destruction to your property?
Submitted by New Jersey Civil Lawyer, Jeffrey Hark And this November 1, 2018 approval for publication decision the landlord moved to evict a person who was allowed to live and a home by the tenant but who was not on the lease. NJSA 2A:18 –61.1 (C) enables a landlord to regain possession of a lease…
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