Second Annual Legal Reform 101 Event Draws a Crowd
On May 18 a group of legislators, staffers, lobbyists, and even a couple of trial attorneys gathered in the State House for NJCJI’s Legal Reform 101 training.
State Bar Meeting Provides Overview of New Jersey’s Legal Landscape
Last week the New Jersey State Bar Association held its annual convention in Atlantic City. Over 2,500 judges, lawyers, law clerks and law students headed down the shore in search of CLEs and the scoop on emerging legal issues. In the following post, NJCJI’s Emily Kelchen reveals her insights on issues of interest to the civil justice community that were discussed at the convention.
Sued Over Scheduling? Bills Would Allow Employees to Litigate Their Leave
Paid sick leave has been a hot topic in Trenton this session, but sick days are not the only time off the New Jersey legislature wants to mandate. Sen. Loretta Weinberg (D-37) has introduced two other bills that would regulate what types of activities employers must give employees time off for.
Top News Clips for the Week of May 9-15
A selection of the need-to-know civil justice news for the week of May 9-15.
Business Community Asks Court to Update Evidence Rules
This morning, the New Jersey Civil Justice Institute urged the New Jersey Supreme Court to update the state’s out of date rules on the admissibility of expert opinion testimony during the court’s current rulemaking cycle.
More Study Needed on Link Between Liability, Defensive Medicine, and Rising Healthcare Costs
This spring, a number of studies and surveys have drawn attention to an emerging problem in the healthcare industry - care that is dictated not by medical necessity, but by fear of litigation, in short, defensive medicine. As we all know, correlation is not causation, so more rigorous analysis is needed, but emerging evidence suggests that the main driver of the surge in unnecessary care is fear of litigation.
Data Shows New Jersey is Second to Only New York When it Comes to Medical Liability Costs
In 2014, doctors and insurers in the United States paid out over $3.89 billion dollars in medical malpractice cases, an increase of 4.4% over the previous year, and a continuation of the trend toward additional payouts after nearly a decade of decline. A closer look at the data reveals that the problem may not be rooted in quality of care, but in law and culture.
Medical Liability Reform is a Must
It’s time for a change to New Jersey’s medical liability system. Lawsuits are driving up the costs of liability insurance for physicians to the point that many are restricting their practices, moving out of state, or retiring. Other physicians are practicing defensive medicine in an effort to avoid being sued, which adds to the already high cost of healthcare, and drains resources out of the system.
Case Highlights Need for Interlocutory Appeal of Class Certification Decisions
We have been arguing for years that defendants need a mechanism for challenging class actions before the monetary pressure of the discovery phase forces them to settle cases of little or no merit, but our pleas have fallen on deaf ears. However, not all hope is lost. As Law360 reports, “A New Jersey appeals court Friday refused to revive class claims against automotive insurers… finding nothing wrong with a judge's decision to strike the class allegations before discovery.” The case is a good example of why New Jersey’s current law governing the right to appeal class certification decisions is flawed.
Assembly Passes Likely-Unconstitutional False Claims Act Bill Opposed by NJCJI
On Thursday, May 14, the New Jersey Assembly passed A4041, [...]