Top News Clips for the Week of May 23-29
A selection of the need-to-know civil justice news for [...]
Why New Jersey Needs an Appeal Bond Cap
In this era of increased governmental regulations, lawyers are flush with potential causes for action. Even the most diligent businesses can find themselves on the wrong side of civil litigation. A key protection against an unfair civil verdict is the ability to seek recourse through an appeal.
Daniels Decision Will Attract More Class Actions to NJ State Courts
Katy bar the door! A recent decision from the New Jersey appellate court suggests that New Jersey state courts are about to be inundated with consumer class actions.
Fighting Fraud with the Consumer Fraud Act
One of our complaints about New Jersey’s Consumer Fraud Act is that it is overly broad – encompassing many disputes that could resolved more efficiently by other means. We frequently testify in legislative hearings against bills that would add to the already cumbersome Act. So, it surprised many when we showed up to testify in favor of a recent bill expanding the CFA.
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.
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This morning, the New Jersey Civil Justice Institute urged the New Jersey Supreme Court to update the state’s out of date rules on the admissibility of expert opinion testimony during the court’s current rulemaking cycle.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.