Lawsuit Reform Watch

When we wish you a happy, safe and lawsuit-free Thanksgiving... we mean it!

If you think America's litigious culture is a recent trend, think again.  Back in 1938, Ms. Helen Silva was enjoying a turkey dinner at Woolworth’s restaurant when she choked on a small bone.  A bystander came to her rescue, but she sued the restaurant for $36 in medical fees and embarrassment.  The bone was ultimately found to be native to turkeys (imagine that), nixing Woolworth's liability and the $500 judgment rendered against it. 

Legislative Update - bill to extend appeal bond cap advances

S-3030, the Economic Opportunity Act of 2013 II, advanced from the Senate Commerce Committee on Thursday, November 14th.  Part of a larger economic growth package, Section 3  would cap appeal bonds at $50 million. 

New Jersey law requires a defendant to post an appeal bond at least equal to the full amount of the judgment.  However, in 2003 the Legislature approved a $50 million cap on appeal bonds for tobacco companies that participated in the Master Settlement Agreement. 

This bill would extend that cap to all defendants.  Under the bill, a court would have discretion, after notice and hearing and for good cause shown, to reduce the appeal bond to an amount lower than the judgment. 

The bill is sponsored by Senator Raymond Lesniak (D-Union).  It now heads to the Senate Budget Committee for additional review. 

CLICK HERE for more information on Section 3, the appeal bond cap

Previous coverage

Election Day Recap

• Governor Christie easily won re-election, defeating Senator Barbara Buono by more than 20 percentage points.   
• Senate Democrats retained their 24-16 majority.
• Assembly Republicans picked up at least one seat.  Though others are contested, they will remain in the minority. 
• Senator Stephen Sweeney will continue to serve as Senate President.   Assemblyman Vincent Prieto will assume the role of Assembly Speaker, replacing Assemblywoman Shelia Oliver. 
• Democrats Loretta Weinberg and Louis Greenwald will each serve another term as Majority Leader in the Senate and Assembly, respectively. 
• Senate Minority Leader Tom Kean, Jr. fended off a challenge to his leadership post and will continue to serve in that role.  Assemblyman Jon Bramnick will continue to serve as Republicans' Minority Leader in the Assembly. 

Remember to #vote for #Governor today!

Governor Chris Christie (R), Incumbent

  

Senator Barbara Buono (D), Challenger

 

Polls close at 8:00 pm.  Look up your polling location here. 

Tuesday is Election Day

The Gubernatorial race and all 120 seats in the state Legislature are up for grabs.  Registered voters can check their polling locations here. 

Analysis of the 2013 ballot questions can be found here. 

Have a happy, safe, and lawsuit-free Halloween! #TBT

While you’re dodging crazy goblins and ghouls, you might want to keep a watchful eye for crazy lawsuits, too.

In honor Halloween, here is our compliation of crazy Halloween lawsuits from 2010:

The Haunted House was too scary.  Yep, it was filed by an adult against a large company.  The Plaintiff said that the Universal Studios attraction caused her “mental anguish” and “extreme fear.” 

Maryland lawsuit over Halloween fundraiser is a real scream.  This is a recent case actually going before the courts in the Old Line State.  Your Halloween fundraiser two hours from my Halloween fundraiser might scare patrons away.  Time to call in the courts.  

And my personal favorite, posted by Robert on the Insurance Blog: The Only Thing Scarier Than Halloween? A Trick-or-Treater's Liability Lawsuit

Robert talks about how to protect oneself from the “overzealous trick-or-treater” whose parent happens to be a personal injury lawyer. 

One year after Sandy, a bill to welcome Good Samaritans in New Jersey

When natural disasters strike, indiscriminate in wrath and sometimes unprecedented in destruction, at least one fact generally applies: volunteers are needed to help recover and rebuild. 

Hundreds of licensed architects and engineers headed to parts of Alabama following their devastating tornados in 2011, contributing thousands of hours in pro-bono inspections.  And Assembly Majority Lou Greenwald is hoping that legislation he introduced in Sandy's aftermath will allow New Jersey to welcome the same volunteerism during future natural disasters

What made Alabama's hospitality possible is a Good Samaritan Law which protects such volunteers from frivolous litigation.  Greenwald's bill, A-3694, would provide immunity to licensed architects and engineers who volunteer at the scene of a declared emergency at the request of authorities. 

Greenwald is hoping to advance the measure during the lame-duck session.  It has been referred to the Assembly Regulated Professions Committee and is cosponsored by Assemblywomen Handlin and Jasey. 

Tort Reform and @corybooker #TBT

Senator-elect Cory Booker and New York City Mayor Michael Bloomberg went on the record on tort reform in this vintage Meet the Press segment, circa 2009.

The newly elected Senator defeated Republican Steven Lonegan earlier this week to fill the remainder of the late Senator Frank Lautenberg's term.  Meet the Press host David Gregory discussed healthcare reform options with Booker and Bloomberg in what were the early days of the Obama administration.   

 

Fernandez-Vina nomination clears Senate Judiciary Committee

The Senate Judiciary Committee voted unanimously to advance the nomination of Faustino Fernandez-Vina.  If confirmed by the full Senate, he would replace Justice Helen Hoens, whom Governor Christie declined to renominate.  

The Court currently has two vacancies, reflecting a three-year impasse between the Governor and Senate leadership.   

 

Senate Judiciary Committee scheduled to hear Supreme Court nomination tomorrow

Camden County Superior Court Judge Faustino Fernandez-Vina is scheduled to appear before the Senate Judiciary Committee tomorrow afternoon.  Fernandez-Vina was nominated by Governor Christie to succeed Justice Helen Hoens, who he declined to reappoint to the state Supreme Court earlier this year. 

New Jersey's highest court currently has two vacancies, courtesy of a standoff which began in 2010 over the Governor's decision not to reappoint Justice John Wallace for lifetime tenure.  Several nominees have either idled or have been rejected by the Committee since that time.

Read more about how we got here.