In Ginsberg v. Quest Diagnostics, 227 N.J. 7 (2016), the Supreme Court of New Jersey considered whether choice of law questions should be decided on a defendant-by-defendant basis. The court held that they should. In dicta, the court limited its holding to cases that are not, in its words, “very complex.” Litigators, and particularly litigators of complex cases, will do well to familiarize themselves with Ginsberg.
The Importance of Choice of Law in Wrongful Birth Cases
Plaintiffs Ari and Tamar Ginsberg wanted to be parents but they were concerned about genetic diseases. As Ashkenazi Jews, the couple was particularly concerned about Tay-Sachs. Ari got tested, and he was given the good news that he was not a Tay-Sachs carrier. Tamar then gave birth to a girl, Abigail. Seven months later, Abigail was diagnosed with Tay-Sachs. Abigail passed away when she was three.
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