Juliette Gillespie

May 07, 2021 | New Jersey Law Journal

The absence of advisory opinions or disciplinary sanctions despite judicial determinations of reversible error suggests that the attorney regulatory process is underutilized with respect to prosecutorial misconduct.

By Ellen L. Koblitz and Kim D. Ringler

9 minute read

May 07, 2021 | New Jersey Law Journal

When a primary care physician fails to appropriately document smoking history and/or fails to offer lung cancer screening to eligible patients today, such conduct falls below the standard of care.

By Armand Leone Jr. and E. Drew Britcher

10 minute read

May 06, 2021 | New Jersey Law Journal

When a client presents under circumstances where charitable immunity at first blush would unjustly limit recovery to $250,000, strategic thinking and innovative lawyering may make all the difference in maximizing the value of your case.

By Patricia M. Giordano 

7 minute read

May 06, 2021 | New Jersey Law Journal

The author proposes a rule amendment to preclude a "redo" of expert testimony. Simply stated: If a witness is unavailable, and a de bene esse deposition is completed, that witness cannot become "re-available" to testify live at trial.

By Eric S. Poe

8 minute read

May 06, 2021 | New Jersey Law Journal

If a plaintiff's fundamental cause of action sounds in professional negligence against a "licensed person," he or she may not evade the AOM requirement by suing only a public entity, and not the individual "licensed person." But what about the alleged medical negligence of an unlicensed person?

By Heather M. LaBombardi and Nataliana A. Guida

7 minute read

May 05, 2021 | New Jersey Law Journal

An important look at the standard for assessing medical causality, including the Bradford-Hill factors and U.S. Supreme Court precedent.

By R. Jason Richards

9 minute read

May 05, 2021 | New Jersey Law Journal

It is not uncommon to find a physician with one or more subspecialty doing work in one of them or none of them. Many physicians are being tasked, incentivized and sometimes required, to sub-specialize, since sub-specialists earn more than generalists, and those performing procedures earn more money than those who do not. When it comes time to review the appropriateness of an AOM, each subspecialty suddenly becomes important though it may be irrelevant.

By Jordan S. Goldsmith and Lee S. Goldsmith

8 minute read

April 30, 2021 | New Jersey Law Journal

OP-ED: The trend has been for the Supreme Court to indicate that children, because of their lack of maturity, should be treated differently from adults. Last week, with the decision in 'Jones v. Mississippi,' that trend paused, or perhaps, stopped.

By Christine M. Sarteschi and Daniel Pollack

4 minute read

April 30, 2021 | New Jersey Law Journal

A discussion of the decriminalization components of one of the bills that Governor Murphy signed into law. Practitioners advising clients about any aspect of cannabis have some reading and studying to do.

By Darren Gelber and Lisa Gora

8 minute read

April 29, 2021 | New Jersey Law Journal

Designing an estate plan to protect an inheritance should not be reserved just to the wealthiest clients. For most clients, the risk of a child's divorce is far greater than the risk of a future estate tax. To ensure that wealth protection is achieved, the trust must be very carefully drafted.

By Adam L. Sandler and Gary R. Botwinick

9 minute read