Month: September 2022

NJ Supreme Court Rules No Punitive Damages in Med Mal Case

NJ Supreme Court Rules No Punitive Damages in Med Mal Case

In Mirian Rivera v. The Valley Hospital, Inc. (A-25/26/27-21) (Decided August 25, 2022), the Supreme Court of New Jersey reaffirmed when punitive damages claims are available in New Jersey medical malpractice cases. The court held that punitive damages were not warranted because the evidence did not show that the defendants’

NJ Supreme Court Rejects Ban on Lost Profits Damages for New Businesses

NJ Supreme Court Rejects Ban on Lost Profits Damages for New Businesses

In Larry Schwartz v. Nicholas Menas, Esq. (A-54/55-20/085184) (Decided August 17, 2022), the Supreme Court of New Jersey rejected a per se ban on claims by new businesses for lost profits damages. According to the court, claims for lost profits damages are governed by the standard of reasonable certainty and

NJ Supreme Court Rules Hot Pursuit Did Not Justify Warrantless Search

In State v. Bookman, (A-32-21/085775) (Decided August 24, 2022), the Supreme Court of New Jersey held that police officers were not justified in entering a third party’s home when the subject fled when officers attempt to execute an Automated Traffic System warrant (ATS). The court, however, refused to adopt a bright-line rule