This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.

Appellate Division Holds Two-Year Statute of Limitations Should Apply to Separate Causes of Action Arising from Common Facts

The Appellate Division held that the improper disclosure of a person's HIV-positive status to a third party without the plaintiff's prior consent may constitute a violation of the AIDS Assistance Act, an invasion of privacy by public disclosure of private facts, and medical malpractice, all governed by a two-year statute of limitations. The New Jersey State Bar Association participated as amicus curiae in the matter of Smith v. Datla, et al., A-001339-16, arguing against a single application of the most restrictive statute of limitations. NJSBA Trustee William H. Merger Jr. of Leary, Bride, Tinker & Moran PC, argued the matter on behalf of the association. Mergner also authored the brief, along with Liana M. Nobile, also of Leary, Bride, Tinker & Moran PC.