Notice of Claim: Under what circumstances is the ninety day deadline waived?

  • Posted On: June 9, 2015
  • Posted By: jalmeida

In a recent published decision from the New Jersey Appellate Division, the state’s intermediate appeals court found counsel’s failure to file a timely notice of claim was could be excused by an attorney’s grave medical condition. Pursuant to N.J.S.A. 59:8-8(a), a notice of claim must be filed within ninety days of the accrual of his claim when […]

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Decision Upheld in Denying Hospital’s Motion to Dismiss in a Wrongful Death Case

  • Posted On: March 25, 2015
  • Posted By: jalmeida

In Joyner v. Ortiz, Superior Court of New Jersey, Appellate Division, Docket No. A-2264-12 (July 8, 2013), the appellate panel held, despite plaintiff’s failure to name a defendant hospital within the two year time statute of limitations, the case could proceed against the hospital named in the amended complaint, as the wrongful death complaint was timely […]

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