Brian J Molloy

January 08, 2020 | New Jersey Law Journal

Some courts suggest that when the litigant in the underlying action was never entitled to a jury trial, a jury should not decide the subsequent suit-within-a-suit in the malpractice action. Other courts, however, have held that the jury in the malpractice case should also try the suit-within-a-suit.

By Brian J. Molloy and Pierre Chwang

9 minute read