Tag: Affidavit of merit

Plaintiff Can’t Circumvent AOM Statute by Suing Only Public Entity

Plaintiff Can’t Circumvent AOM Statute by Suing Only Public Entity

In McCormick v. the State of New Jersey, the Appellate Division considered whether a personal injury plaintiff can avoid the need to obtain an affidavit of merit (AOM) by suing only the public entity and not the licensed professionals. The appeals court ultimately concluded that such circumvention of the AOM

NJ Appeals Court Addresses Loss of Pre-existing Nonconforming Structures

NJ Appeals Court: Affidavit of Merit Not Required for Malicious Use of Process Claim

In a recent decision, the Appellate Division of the New Jersey Superior Court held that the plaintiff was not required to provide an affidavit of merit in order to sustain a malicious use of process action because it is an intentional tort requiring proof of malice and not a deviation