In Legal Malpractice Claim, N.J.’s Appellate Division Restates Tort Claims Notice Rules

New Jersey’s Tort Claims Act requires that any person who seeks to file a lawsuit against a public entity for tortious injury or damage to persons or property must put the responsible public entity on notice of that intention within ninety (90) days of the claim’s accrual. N.J.S.A. § 59:8-8. In “extraordinary circumstances,” claimants may seek leave of court to file a late notice within one year of the claim’s accrual.
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New Jersey Appeals Court Clarifies “Relation Back” Rule in Personal Injury Case

On August 13, 2020, New Jersey’s Appellate Division issued a published opinion in the matter of Repko v. Our Lady of Lourdes Med. Ctr., Inc., 2020 N.J. Super. LEXIS 204, where it held that a pleading could not be amended to “relate back” to the original date of filing, where the original complaint was defective to the point of lacking standing in the first place.
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MKCI Obtains Dismissal of Professional Negligence Action Based on Doctrine of Forum Non Conveniens

McGivney, Kluger, Clark & Intoccia’s Emily Weisslitz recently obtained a dismissal of a fraud action brought against the firm’s client, a professional organization, by a physician member of that organization. The member physician had been certified by the defendant professional organization for several years, including for more than a decade following his retirement from the active practice of medicine.
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Consumer Fraud Act Claim Can Proceed in Products Case, N.J. Supremes Decide

On July 29, 2020, New Jersey’s Supreme Court issued a decision in the matter of Sun Chemical Corp. v. Fike Corp., 2020 N.J. LEXIS 880 (2020). The decision was issued in response a question of law certified by the United States Court of Appeals for the Third Circuit, which was “whether a Consumer Fraud Act [“CFA”] claim [can] be based, in part or exclusively, on a claim that also might be actionable under the Products Liability Act.”
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Third Circuit Finds Student’s Social Media Post To Be Protected Off-Campus Speech

On June 30, 2020, the United States Court of Appeals for the Third Circuit issued a decision in the matter of B.L. v. Mahanoy Area Sch. Dist., 964 F.3d 170 (3d Cir. 2020), ruling on a public school student’s federal Civil Rights Act claims arising out of a punishment that the student received for making a social media post over a weekend, away from school.
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