Month: March 2019

NJ Supreme Court Rules Experts Can Testify About Symptom Magnification

In Alexandra Rodriguez v. Wal-Mart Stores, Inc., No. A-2/3-17/079470 (March 4, 2019), the New Jersey Supreme Court held that the admissibility of medical expert testimony using terms such as “somatization” and “symptom magnification” must be determined by trial courts on a case-by-case basis, consistent with the New Jersey Rules of Evidence


NJ Appeals Court Clarifies Intent Required to Violate Local Government Ethics Law

In Mondsini v. Local Finance Board, ___ N.J. Super. ___ (App. Div. 2019), the Appellate Division of the New Jersey Superior Court clarified the standard to assess when the conduct of public officials runs afoul of the Local Government Ethics Law (LGEL). The case involves whether the Executive Director of the

Scientific Evidence

New Jersey Supreme Court Clarifies Admissibility of Scientific Evidence

In In re Accutane Litigation, No. 079958, 2018 WL 3636867 (Decided Aug. 1, 2018), the Supreme Court of New Jersey provided much-needed clarity regarding the admissibility of scientific evidence under the New Jersey Rules of Evidence. Although the state’s highest court stopped short of declaring New Jersey a “Daubert jurisdiction,”

Breath Test

New Jersey Supreme Court Deems Breath Tests Inadmissible

In State v. Eileen Cassidy, (A-58-16/078390) (Decided November 13, 2018), the Supreme Court of New Jersey held that breath test results produced by Alcotest machines not calibrated using a NIST-traceable thermometer are inadmissible. The decision called into question thousands of convictions for driving while intoxicated (DWI). Facts of State v.

New Jersey Supreme Court Clarifies Consumer Fraud Act

In All the Way Towing, LLC v. Bucks County Int’l, Inc., (A066/67-17) (Decided January 24, 2019), the Supreme Court of New Jersey held that the Consumer Fraud Act’s (CFA) definition of “merchandise” should be liberally construed. It went on to hold that the definition extends to a customized tow truck.

NJ Senate Passes Bill Requiring Public Disclosure of Bidders’ List

NJ Senate Passes Bill Requiring Public Disclosure of Bidders’ List

On January 31, 2019, the New Jersey State Senate approved legislation that amends the Local Public Contracts Law to require municipalities, counties and other local contracting units to release the names, upon request, of all parties who have received bid documents, if three or more parties have received such documents.