Posts Tagged ‘civil law’
After Defendant’s Alleged Assault of Her Elderly Mother “Neglect of An Elderly Person” Charge Overturned
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.…
Read MoreWhether The Disclosure of Tax Returns and Tax Filings Are Permitted
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…
Read MoreCan a Landlord Be Liable for a Tenant’s Crime if a Background Check Was Not Run on the Tenant?
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…
Read MoreNegligence Which Caused Damage To Personal Property | Superstorm Sandy
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…
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 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 MoreArbitration 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 contract to resolve their legal…
Read MoreLegal Partnership Disputes: Reasonable If Not Clean Cut
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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