A recent article in the Star Ledger is getting quite a bit of attention for revealing something the Civil Justice Institute has known for quite some time: we all pay for excessive litigation. The article, which takes an in-depth look at lawsuits filed by public workers, found that over $100 million of taxpayer money is spent on such suits each year.
Our court system shouldn’t have to deal with suits over [...]
Bill Spadea, the host of the Chasing News TV program and frequent guest host on NJ 101.5, wants to know what New Jersians think about frivolous litigation and the potential to curb it by instituting a loser pays system. Let him know what you think by tweeting @nj1015 and @BillSpadea.
A number of New Jersey’s state regulatory provisions specify statutory penalties for violations. Having a defined penalty enhances predictability and reduces inconsistent application of the law. When the statutes provide for enforcement actions by individual consumers, the statutory penalty model has the potential to provide the individual with a straightforward means of redress, often without need to even hire an attorney. Attorneys are getting involved though, and it is leading us toward a system where businesses are being regulated one jury at a time.
Did you know that New Jersey lawyers are 70% more likely than their counterparts nationwide to file a claim with their malpractice insurer? Even attorneys practicing in our notoriously litigious neighboring states face fewer malpractice claims. This suggests that one of two things is going on. Either New Jersey attorneys are awful, or there is something about our legal system that is encouraging excessive litigation. Data provided to the New Jersey Civil Justice Institute by CNA insurance suggests that the latter reason is more likely to blame for the high number of malpractice claims filed in the Garden State.
New Jersey’s Consumer Fraud Act has been expanded over the years by the courts and the legislature to the point where it is no longer focused on protecting consumers from fraud. It is instead a catch-all claim that is pulled into all sorts of disputes - consumers and fraud optional. A few recent cases really illustrate this point.
A selection of the need-to-know civil justice news for the [...]
New Jersey’s Consumer Fraud Act has been turned into an [...]
The New Jersey Consumer Fraud Act was enacted in 1960 [...]
On Wednesday, July 16 at noon, the New Jersey Civil [...]