Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In New Jersey there is a specific rule that outlines when a plaintiff needs to hire an expert for a case. Often client ask me why would we spend money on this expert or that expert. The very simple answer is you need an expert to…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Expert Testimony on Drug Possession versus Possession with Distribution In this case, State of New Jersey vs Jamison, the County Prosecutor identified one of their own investigator’s to be an ‘expert’ to testify what amount of drug possession equals possession with distribution, as opposed to just ‘possession’. This can have a…
Posted by New Jersey Civil Law Attorney, Jeffrey Hark. Sallee v. Stagnitti, decided June 2, 2015, arose out of an incident where the plaintiff allegedly was walking on the sidewalk in the parking lot of a restaurant called The Mill at Spring Lake Heights when she was struck by Mr. Stagnitti. It should be…
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark As mentioned in the last blog concerning State v. Firman, a reversal of a conviction is not an overly common occurrence even when then trial judge has made a mistake. This is because of the concept of harmless error. If at trial, a mistake by the…
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…
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark HAROLD NAULTY v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, This is an appeal of a workers compensation judge’s decision based on 16 days of trial over many testimony dates. Although the issues in this opinion have been reiterated in numerous prior opinions and in different settings I believe it is…
US Supreme Court Opinion Crawford Ruling Bludgeoned In NJ Trio of Cases Michaels, Roach and Williams
In three cases the NJ Supreme Court has allowed the state to call a witness who ‘reviewed’ lab results and prepared reports in criminal cases such as a supervisor of the actual lab technician who did the work was an adequate witness to be called at the time of trial. In Michaels, Roach and Williams…
Submitted by New Jersey Personal Injury Attorney, Jeffrey Hark This blog discusses Ghee v. Marten Transport Ltd., decided by the United States Court of Appeals for The Third Circuit and filed on June 25, 2014. It was an appeal of the denial of a motion seeking either a new trial or a remittitur. A remittitur…
Aggravated Preexisting Condition Award Requires Reasonable Medical Probability Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark 36-2-3756 Yavuz v. Drury, App. Div. A jury awarded plaintiff Bulent Yavuz $30,000 and plaintiff Samiye Gulderen Yavuz $80,000 in damages. Aggravation of a Preexisting Condition Defendants had conceded liability and the matter was tried on the issue…
22-2-2532 Estate Of Frankie L. Garner v. Senior Care Centers Of America, Inc.,App. Div. (per curiam) (4 pp.) Defendant Senior Care Centers of America, Inc. operates an adult care facility. Garner, who was then eighty-four years old, was being cared for in the facility when she stood up and then abruptly sat back down, either…
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Legal Developments
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2022 changes to New Jersey statute N.J.S.A. 45:1-15.9.
This memorandum addresses the scope of New Jersey statute N.J.S.A. 45:1-15.9,summarizes the 2022 amendments to that statute, identifies the effective date andapplicability of those amendments, and outlines practical implications forregulated professionals and licensing boards. Background N.J.S.A. 45:1-15.9 is part of New Jersey’s professional and occupational licensinglaws administered under Title 45. The statute governs disciplinary and…