Joel I. Rachmiel
Joel I. Rachmiel graduated from Newark College of Engineering (now part
of N.J.I.T.) in 1967 with a Bachelor of Science in Mechanical Engineering.
Mr. Rachmiel then worked as a mechanical engineer for several years before
entering Seton Hall Law School where he earned his law degree in 1973.
Mr. Rachmiel served as an Assistant Union County Prosecutor from 1973 to
1979, during which time he prosecuted 75 jury trials. He opened his own
law office in 1979, where he now limits his practice to plaintiff's
personal injury litigation, criminal defense, and municipal court matters,
Mr. Rachmiel became a Certified Criminal Trial Attorney when it was first
offered in 1982 and later became a Certified Civil Trial Attorney in 1987.
- New Jersey Bar, 1973
- United States District Court for the District of New Jersey, 1973
- United States Supreme Court, 1977
- United States Third Circuit Court of Appeals, 1988
- Florida Bar, 2007
Connor v. Powell,
162 N.J. 397 (2000), in which the Supreme Court reversed the Appellate
Division which had affirmed the trial court's dismissal of a Section
1983 Civil Rights Act suit after Connor presented her case. The Supreme
Court held the police lacked probable cause to arrest her as a matter
of law and remanded the case for retrial on the amount of damages to be
Humanik v. Beyer,
871 F2d 432 (3rd Cir.), certiorari denied, 110 S.Ct. 57 (1989), holding
that the diminished capacity statute as written violated the United States
Constitution by shifting the burden to defendant to prove by a preponderance
of the evidence that he lacked the required mental capacity to form the
intent to commit the crime, reversing State v Humanik, 199 N.J. Super.
283 (App Div), certification denied, 101 NJ 266 (1985), and the New Jersey
Supreme Court holding in State v Breakiron, 108 N.J. 591 (1987). Six months
later, the New Jersey Legislature amended the diminished capacity statute
in accordance with the decision of the federal 3rd Circuit Court of Appeals.
Ibarro v. Vetrano,
302 N.J. Super. 578 (App. Div. 1997), reversing the motion judge on leave
to appeal holding that a daughter's selection of the verbal threshold
in her motor vehicle policy does not apply to her uninsured resident mother.
McDaniel v Lee,
419 N.J. Super. 482 (App. Div. 2011). Mr. Rachmiel filed suit against
a truck driver on behalf of McDaniel and his co-worker who were both injured
when an 18-wheel truck rear-ended McDaniel's van, forcing it into
his co-worker's van stopped in front of him. The trial judge disqualified
Mr. Rachmiel from representing both McDaniel and his co-worker. The Appellate
Division granted Mr. Rachmiel leave to appeal and reversed, holding that
he could represent both McDaniel and his co-worker in their suit against
the truck driver and further ruling that the truck driver was legally
barred from claiming McDaniel was also negligent.