Civil Law
Common Sense Only As Good As Common Knowledge Without Expert Testimony
If you have questions about your civil case, or if you should involve an expert witness, contact civil law attorney Jeffrey Hark today. Juries and Expert Testimony in Civil Law Cases The Seventh Amendment provides the right to a ‘jury of your peers’ in certain civil cases. Why role do juries provide in a civil…
Read MoreBurden of Proof and Summary Judgment Dismissal – Real Estate Transaction
Submitted by New Jersey Civil Lawyer, Jeffrey Hark 34-2-5430 D’Agostino v. Gesher LLC, App. Div. (per curiam) (19 pp.) In this action plaintiff is making a claim against the selling (defendant’s) bank’s broker and attorneys – alleging they interfered with plaintiff’s opportunity to enter into a contract to purchase property, The Law Division’s orders dismissing…
Read MoreRamon Soberal V. City of Millville Department of Parks & Public Property
Burden of Proof in Tort Claims – submitted by New Jersey Civil Law Attorney, Jeffrey Hark Ramon Soberal V. City of Millville Department of Parks & Public Property The subject matter of this blog is the burden of proof against a public entity under the New Jersey Tort Claims Act (Title 59). In this case…
Read MoreShe said…he said: Hearsay and Lay Opinions
Submitted by New Jersey Civil Attorney, Jeffrey Hark This blog discusses Aiges v. Fuccillo decided October 14, 2014 by the Appellate Division. Thisis a case that concerns admissibility of lay person statements. The plaintiff was dog-sitting when she was bitten by the defendant’s dog. The defendant presented testimony from the nurse who treated the plaintiff…
Read MoreNet Opinions Are Not A Smoking Gun
Submitted by New Jersey Civil Case Lawyer, Jeffrey Hark Expert Witness to Determine Cause of Fire In New Jersey there is a net opinion rule that prevents overly general expert opinions that are not supported by factual evidence from being admitted. In other words experts must provide factual backing for the conclusions they draw. In…
Read MorePersonal Injury Case from Wheelchair Accident – Ramirez v. Matawan Borough
Submitted by personal injury attorney, Jeffrey Hark. 36-2-4735 Ramirez v. Matawan Borough, App. Div. (per curiam) (7 pp.) Plaintiff Natasha Ramirez, an incapacitated person, through her guardian Chiara Zannino, appeals the Law Division order denying her motion for leave to file a late notice of claim pursuant to the New Jersey Tort Claims Act (TCA)…
Read MoreNew Jersey Verbal Threshold Statute | Labarbara, J vs. Oelfke.
Submitted by New Jersey Civil Lawyer, Jeffrey Hark Appellate Division division June 11, 2014. The issue in this case is the ability of a plaintiff to overcome verbal threshold statute in New Jersey in order to be able to recover financially for non-economic damages in a motor vehicle crash case. The only evidence the plaintiff,…
Read MoreACECA Report Recommendations to Expedite New Jersey Civil Cases
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…
Read MoreFeliciano v. Faldettaf | Offer of Judgement Rule and New Jersey Civil Law
36-2-2923 Feliciano v. Faldettaf, App. Div. (Waugh, J.A.D.) (9 pp.) Download the entire case here Case review submitted by New Jersey civil lawyer, Jeffrey Hark In this Appellate Division case the court was asked to decide if the plaintiff’s attorney is entitled to his hourly rate request on a contingent fee case once the condition precedents of the Offer of Judgement…
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