Top News Clips for the Week of November 21-27
A selection of the need-to-know civil justice news for the week of November 21-27.
NJCJI Applauds Court’s Commitment to the Rule of Law in Complex Medical Malpractice Case
The New Jersey Supreme Court has today released its opinion in the interesting medical malpractice case, DeMarco v. Stoddard. Rather than overturning existing law on the weak argument that medical malpractice insurance should be treated like auto insurance, the court took a strong stand against fraud and for strict statutory construction, holding 5-2 that the statutory law governing this area is clear, and cannot be brushed aside by public policy concerns.
NJCJI Applauds Court’s Commitment to the Rule of Law in Complex Medical Malpractice Case
The New Jersey Supreme Court has today released its opinion in the interesting medical malpractice case, DeMarco v. Stoddard. The 5-2 majority opinion overturned an Appellate Division decision that had treated medical malpractice insurance like auto insurance, and reaffirmed the court’s commitment to applying the law as written.
Learn More About the NJ Supreme Court’s Latest Arbitration Case
On Thursday, December 3, at noon, the New Jersey Civil Justice Institute is holding a policy teleforum on Morgan v. Sanford Brown Inst., a case that will provide greater insight into what direction the New Jersey courts are heading in arbitration cases. The featured speaker will be Gavin J. Rooney of Lowenstein Sandler LLP, the lead author of NJCJI’s amicus brief in this case.
Don’t Let This Happen to You
If you participated in one of the New Jersey Civil Justice Institute’s CLE events (or an event sponsored by us when we were known as the New Jersey Lawsuit Reform Alliance), and need a copy of the certificate of attendance for your records before the upcoming reporting deadline, please contact Emily Kelchen, NJCJI’s Director of Public Affairs, as soon as possible.
If You Can’t Beat ‘Em… Sue ‘Em?
As traditional taxis have lost market share to ride-sharing aps they have gone on the offensive. Legislative and regulatory tactics have failed to stop people from flocking to companies like Uber and Lyft, and PR campaigns designed to deter riders from embracing new technology have fallen flat, but the sharing economy may yet meet its demise. There are a number of lawsuits working their way through the court system that would undermine the business model that is toppling the taxi cartel.
Top News Clips for the Week of November 14-20
A selection of the need-to-know civil justice news for the week of November 14-20.
Frivolous Lawsuits Have Serious Consequences
The U.S. Chamber features the Institute for Legal Reform’s Executive Vice President Harold Kim in a new podcast, discussing how our legal climate plays an increasingly influential role in a company's planning and operations. The podcast also features Roberto Guerrero, owner of Cumaica coffee in San Francisco, who shares the story of his own legal battle, and his advice for other business owners.
Fraud and Abuse Abound in Asbestos Cases
Last year’s eye-opening decision in the case In re Garlock Sealing Technologies, LLC was shocking. We had long suspected that asbestos plaintiffs and their attorneys were gaming the system in order to increase their recoveries, but we had no idea just how big of a problem it was. Garlock showed that mitigating evidence had been withheld in almost all the cases brought against it over the past decade, but was the same thing happening in cases brought against other defendants?