State v. M.K.P. Appellate Docket No.: A-2555-19 Decided and published February 14, 2022 Submitted by New Jersey Civil Lawyer, Jeffrey Hark In a recently published opinion, the Appellate Division of New Jersey overturned a conviction of neglect of an elderly person pursuant to N.J.S.A. 2C:24-8(a) after defendant’s alleged assault of her elderly mother. In State v.…
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2639-20 CHARLES J. PARKINSON, Plaintiff-Respondent, v. DIAMOND CHEMICAL COMPANY, INC., Defendant-Appellant, and HAROLD DIAMOND, individually, Defendant. _______________________ Submitted by New Jersey Civil Lawyer, Jeffrey Hark Argued October 12, 2021 – Decided October 27, 2021 This matter was on appeal from an interlocutory order of the Superior…
The Estate of Campagna v. Pleasant Point Properties, LLC Docket No.: A-2989-18T1 Decided and Approved for Publication June 17, 2020 Submitted by New Jersey Civil Lawyer, Jeffrey Hark. In a recent decision approved for publication, the Appellate Division considered whether a landlord was required to perform criminal background checks on tenants to promote the safety…
Constantinopoulos v. Morgan Realty & Dev., LLC: Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Plaintiff owned a house across an estuary from defendants’ marina. In October 2012, plaintiff’s home was severely damaged by Superstorm Sandy. Plaintiff alleged that several boats from the marina struck his home. Plaintiff’s expert found that damage to unsecured boats…
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…
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…
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…
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)…
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 contract to resolve their legal…
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. This blog is important for any lawyer who splits fees with another lawyer and any client who is thinking of switching attorneys, especially if they previously worked together. In Weininger v. Fritzen, decided November 2, the Appellate Division was forced to decide a fee dispute between two…
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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…