The Cost of Making False Criminal Claims | Malicious Prosecution

Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Malicious Prosecution Do people make fake police reports for personal reasons? Yes. If you are a victim of this is there a civil remedy? Yes. The claim is called malicious prosecution. It is exactly the subject matter of Dixon v. Kargman, decided by the Appellate Division on…

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Liability Dominoes: Summary Judgment Remains a High Standard to Meet

Submitted by New Jersey Civil Lawyer, Jeffrey Hark. In Vivas v. Tango, decided by the Appellate division on June 18th, the defendant thought he had a simple case for summary judgment. The plaintiff was in front of his vehicle at a red light, when he himself was rear ended by a third vehicle. He moved…

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Application to Amend and Statue of Limitations | Phillips v. Weichert

Phillips v. Weicher – Submitted by New Jersey Civil Lawyer, Jeffrey Hark In most law school civil procedure classes students learn about a case called Krupksi v. Costa Crociere, which concerns a lawsuit against a cruise ship that was mistakenly filed against the booking agent Costa Cruise, rather than Costa Crociere themselves. The statute of…

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She 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…

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N.J.S.A. 30:4-27.24: New Jersey Sexually Violent Predator Act Summary

Submitted by New Jersey Sex Crime Attorney, Jeffrey Hark. Purpose: Established a civil procedure for the involuntary commitment of sexually violent predators. Supporting cases: FT-2009 FT-2014 In the event that a sexually violent predator cannot be involuntarily committed due to lack of a “mental illness” they can be committed if person: has been convicted, adjudicated…

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ACECA 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…

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