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2020 NJ Personal Injury Recovery - Annotated

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Formerly Entitled NJ Comparative Fault & Liability Apportionment

Next edition to be published on or about November 2020

  2020 NJ Personal Injury Recovery - Annotated

Current Edition: 2020

Print Edition Commentaries Are Current Through:
238 N.J. 588; 460 N.J. Super. 211; L. 2019 c. 266

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Online Edition - via Gann's What's New Feature - is Current Through:

N.J. cases app'd for pub. on September 21, 2020; U.S. Sup Ct cases through 197 L.Ed.2d 662; N.J. Chap. Laws through L. 2020 c. 75

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Synopsis  arrow
NJ Personal Injury Recovery - Annotated

NJ Comparative Fault and Apportionment Law
By Brian E. Mahoney & Carol L. Forte

For the first time, NJ attorneys have access - in a convenient, single paperback volume - to a detailed study of New Jersey's complex comparative fault and apportionment laws.This treatise provides a practical summary and analysis of NJ laws governing issues of comparative fault, cause and damages apportionment, rights of contribution, express and implied indemnification, and joint and several liability. The format and organization of this work provide ready access to some of the most vexing daily trial court issues concerning:
  • The Rogers/Cartel rules of partial pre-trial settlement (and their exceptions) in multi-defendant litigation;
  • the difficult evolution of contribution and joint and several liability rules applicable to ordinary civil cases, Tort Claims Act cases and environmental tort litigation;
  • a chapter-by-chapter accounting of case specific rules which dictate different fault assignment and damage apportionment results in discrete areas of the law;
  • an overview of those rules which influence ultimate issues of fault shifting in the matter of immunities, express and implied indemnities, and vicarious liability doctrine;
  • the rules governing apportionment problems in the matter of the predecessor torts, pre-existing conditions, concurrent causes, indivisible damages and successor torts;
  • a chapter-by-chapter accounting of the rules governing comparative fault pleadings and procedure, choice of law considerations, 'ultimate outcome' instructions to juries, arguments to juries, compromise, and quotient verdicts, ;double molding; of comparative fault percentages, additur/remittitur in percentages, Turon rule inquiries, verdict molding difficulties, and the collateral source statute.

About The Authors  arrow

Brian E. Mahoney
Carol L. Forte

Brian E. Mahoney
Brian E. Mahoney is of counsel at Blume, Goldfaden, Berkowitz, Donnelly, Fried & Forte, P.C. in Chatham, New Jersey. He attended the University of Exeter and received his B.A. with honors from the College of William & Mary in 1976. He received his J.D. with honors from Rutgers Law School - Newark in 1979. He was admitted to the New Jersey Bar in 1979. He is certified as a Civil Trial Attorney by the New Jersey Supreme Court.

Carol L. Forte
Carol L. Forte is a partner at Blume, Goldfaden, Berkowitz, Donnelly, Fried & Forte, P.C. in Chatham, New Jersey. She received her B.S. Nursing magna cum laude from Wagner College in 1981 and her J.D. cum laude from Seton Hall School of Law in 1984. A medical malpractice trial attorney of national distinction, Ms. Forte has been a frequent lecturer on the subjects of birth trauma, proximate causation, and trial practice and the recipient of numerous awards, including the Trial Attorneys of New Jersey, Trial Bar Award (2009), the Essex County Bar Association, Outstanding Civil Trial Attorneys' A ward (2002), the Woman's Law Forum of Seton Hall, Woman of Substance Award (2003), and the New Jersey State Bar Association, Annual Distinguished Legislative Service Award (2007). She has been an elected Fellow of the American College of Trial Lawyers since 2008 and has served on the Supreme Court Board on Attorney Certification (1997-present), the Seton Hall School of Law Advisory Board (2004-2010), the Governor's Medical Care Availability Task Force (representative for the NJSBA) (2001-2008), and the Morris County Judicial and Prosecutorial Nominating Committee (2001-2008). She was admitted to the New Jersey Bar in 1984. She is certified as a Civil Trial Attorney by the New Jersey Supreme Court.

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