The Appellate Division ruled in McNellis-Wallace v. Hoffman that a malpractice attorney could not sustain a claim against successor attorneys for contribution and indemnification where the original attorney negligently failed to serve proper 90-day notice against a public employee under the state’s Tort’s Claim Act.
In Sun Chemical Corp. v. Fike Corp. & Suppression Systems Inc., the Supreme Court responded to a certified quzoomestion from the 3rd Circuit, and in so doing dealt a blow to tort-reform advocates. The Supreme Court held that the state’s Products Liabilities Act — which allows for only basic tort damages — does not preempt … Read more
In this wrongful death action and survival claim the decedent overdosed on Fentanyl that he and a friend got from a drug store with a prescription for the friend’s mom. The Superior Court joined numerous other jurisdictions in ruling that, pursuant to the in pari delicto doctrine, summary judgment for the drug store was appropriate, as … Read more
The plaintiff was injured during birth. She was born at Sharon Regional Health center under the care of Dr. John Gallagher. Her family retained counsel to pursue a tort claim against the hospital. The attorney wanted to wait to learn more about the injury and how it developed, and he intended to rely on 18 … Read more
The Supreme Court tackled the tort of “intrusion upon seclusion” in this case where a janitor installed hidden cameras in various women’s bathrooms and locker rooms in a building he serviced. Sixty women who worked in the building filed suit for damages. And about half of those plaintiffs were able to identify themselves in the … Read more
Plaintiff slipped and fell on black ice in a parking lot owned by private entities and leased in its entirety to the Borough of Caldwell. The lease clearly stated that maintenance of the property — including snow and ice removal — was the sole responsibility of the borough. Applying the New Jersey Supreme Courts recent … Read more