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Medical Malpractice Negligence NJ Supreme Court

Marshall Dennehey

New Jersey Supreme Court Rules Out-of-State Alleged Tortfeasor Cannot Be Allocated Fault Under Comparative Negligence Act

Marshall Dennehey on

Estate of Crystal Walcott Spill v. Jacob E. Markovitz, M.D., 2025 WL 758318 - In this appeal before the New Jersey Supreme Court, the court held that an out-of-state alleged tortfeasor was not a party subject to allocation of...more

Bressler, Amery & Ross, P.C.

New Jersey Supreme Court to Address Affidavit of Merit Requirement for Vicarious Liability Claims

The New Jersey Supreme Court has affirmed the Appellate Division’s decision that plaintiffs are not required to serve an Affidavit of Merit against defendant health care facilities for claims of vicarious liability arising...more

White and Williams LLP

Understanding the Affidavit of Merit Statute and the Rare Application of the Common Knowledge Exception

On May 4, 2020, in Linda Cowley v. Virtua Health System, the Supreme Court of New Jersey reversed the judgement of the Appellate Division and held that when a patient removes a nasogastric tube herself and refuses its...more

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