2023 NJ Personal Injury Recovery - Annotated
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Current Edition: 2023
Print Edition Commentaries Are Current Through:
252 N.J. 24; 473 N.J. Super. 483; L. 2022 c. 118
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N.J. cases app'd for pub. on October 2, 2023; U.S. Sup Ct cases through 216 L.Ed.2d 1178; N.J. Chap. Laws through L. 2023 c. 96
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|Synopsis|| || |
NJ Personal Injury Recovery - Annotated
NJ Comparative Fault and Apportionment Law
By Brian E. Mahoney, Carol L. Forte & Connor C. Turpan
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.
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