On December 2, the New Jersey Supreme Court held oral arguments in an arbitration case that is shaping up to be a follow-up to last year’s groundbreaking ruling in U.S. Legal Services Group, L.P. v. Atalese. It was clear from the oral arguments that our state’s high court is not done tinkering with the rules governing arbitration.
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.
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.
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.
On Tuesday, Chief Justice Stuart Rabner provided members of the New Jersey State Bar Association an update on the state’s complex business litigation program. Rabner said the program is off to a “good start,” but he hopes that more litigants will soon take advantage of the program.
A selection of the need-to-know civil justice news for the week of September 26-October 2.
Unlike the U.S. Supreme Court, the New Jersey Supreme Court has no set schedule dictating when opinions are likely to be released. (For example, NJCJI is still waiting for an opinion in the DeMarco v. Stoddard case, which was heard in April.) This week a couple of interesting civil decisions were released.
Since January 1, businesses in New Jersey have had the opportunity to opt in to a new complex commercial litigation program in disputes where the damages are projected to exceed $200,000. New Jersey Supreme Court Chief Justice Stuart Rabner will provide an update on the complex commercial litigation program, and discuss the need for lawyers with such backgrounds to seek appointments to the bench at a free event hosted by the New Jersey State Bar Association on Tuesday, October 20.
A new TV show focused on the legal world is debuting in New Jersey, and one of its first guests is NJCJI President Marcus Rayner. Rayner appeared on Pro Se Nation alongside Andy Dwyer of the Dwyer Law Firm to discuss the recent New Jersey Supreme Court decision Lippman v. Ethicon.
Martin Bricketto’s recent article in Law360, “5 Dos And Don'ts For Employers After NJ's Ethicon Ruling” vividly illustrates the struggle companies are going to have applying the New Jersey Supreme Court’s holding in Lippman v. Ethicon to real world situations.
