Latest Stories
New Jersey Supreme Court Finds E-Scooter Riders Are Not 'Pedestrians,' Not Entitled to PIP Benefits
"Expanding the definition of 'pedestrian' to include LSES operators would advance the medical coverage goal but undermine the goal of curbing the rise of insurance costs," Justice Lee A. Solomon said. "The legislature may certainly choose to expand the availability of PIP coverage to LSES operators, as they did with motorcycles, but that policy decision and its insurance cost implications, if any, is properly for the legislature, not the court."
Medical Malpractice Special Section 2024
This year's special section covers everything from the (un)likelihood of winning punitive damages, the appellate review of pain and suffering awards, and the "piercing the corporate veil" doctrine.
How Much Deference Makes a Difference?
"New Jersey, like most jurisdictions, applies a highly deferential standard of review and the appellate court assesses whether a damages award shocks the judicial conscience," writes Melissa Terranova, an associate with Wilson Elser.
Navigating a New Legal Landscape: Protecting the Corporate Veil in the Med Mal Suit
"This article explores the historical roots and status of the "piercing the corporate veil" doctrine in New Jersey and Pennsylvania," write David G. Tomeo and Melissa A. Dziak, shareholders with Marshall Dennehey.
Are Punitive Damages in Med Mal Cases the Lost City of Gold?
"Punitive damages are the exception and not the norm, particularly for medical malpractice cases," writes Peter Espey, a partner with Weber Gallagher.
OPRA's Attorney Fee-Shifting Provision Draws Concerns
"More broadly, we will continue our fight for open government and for transparency," Liza Weisberg, a staff attorney at the American Civil Liberties Union of New Jersey, said. "We will continue to fight for open government and for transparency, not just to restore the OPRA we had before this bill, but to push it forward. Unfortunately, New Jersey has moved in the wrong direction."
Sanctions Ordered After CEO Skips Deposition in MDL
ZHP sought to invoke the Apex Doctrine, which seeks to limit depositions of individuals at the "apex" of a corporation based on the premise that lower-level employees are likely to have firsthand knowledge of the material facts, and that deposing the top executives of a corporation is likely to impose a significant burden.
After SCOTUS Decision in 'Tyler,' Lawsuits Mount to Turn Back 'Equity Theft'
Lawsuits have emerged in multiple states, including New York, New Jersey, Michigan and Oregon.
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