This morning Senate Budget and Appropriations Committee is holding a hearing on a bill that would raise taxes on companies and individuals that have been ordered to pay punitive damages. “There’s a reason no other states have a tax like this - it’s a terrible idea,” said Marcus Rayner, President of the New Jersey Civil Justice Institute.
According to the most recent report from the federal Bureau of Economic Analysis, New Jersey has one of the slowest economies in the United States. Despite doling out millions in tax credits and attempting to stimulate the economy with government spending, New Jersey continues to fall behind its peers.
On September 18, NJCJI will play host to “one of the most influential thinkers in legal academia,” NYU Prof. Richard Epstein. Epstein is known for his research and writings on a broad range of constitutional, economic, historical, and philosophical subjects, and he literally wrote the textbook on torts.
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.
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.
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.
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.
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.
Every year since 1963, the President of the United States has issued a proclamation announcing National Small Business Week, which recognizes the critical contributions of America's entrepreneurs and small business owners. This Small Business Week, we’d like to draw your attention to the unique challenges small businesses face from litigation, and some of the reforms we have identified that would ease their burden.
Putting a limit on the amount of money a businesses has to post as a bond before appealing a decision they disagree with is an issue the New Jersey Civil Justice Institute has been working on for many years. While our legislature fails to act, other states are moving forward on this issue, putting New Jersey at a further disadvantage when it comes to economic development and business growth.
