Peter D. Espey

Aug 28, 2024 | law.com | Peter D. Espey

On Aug. 5, 2024, the New Jersey Supreme Court issued a decision relevant to many medical malpractice cases. Keyworth v. CareOne at Madison Ave., 2024 N.J. LEXIS 791 (Aug. 5, 2024 slip opinion). The court reinstated a trial judge’s determination that documents a nursing facility and assisted living facility sought to protect fell outside the scope of the absolute privilege afforded by the Patient Safety Act (PSA).

May 16, 2024 | feeds.feedblitz.com | Frederick P. Sisto |Peter D. Espey |Michael F. Schaff |Seth R. Tipton

Attorneys and the public are not used to thinking about cannabis as a cause of injuries. There is a false perception that marijuana and other cannabis products such as cannabidiol (CBD) are harmless. However, cannabis use has proven to cause many personal injuries. See “Risks of Marijuana Use.” aalm.info. There are also property damage claims due to marijuana growing that creates nuisances.

May 15, 2024 | feeds.feedblitz.com | Peter D. Espey |Rahool Patel |Colleen Murphy |Frederick P. Sisto

This article considers polygraph use in criminal cases in light of New Jersey’s adoption of the Daubert test for scientific evidence admissibility. Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 587 (1993). The New Jersey Supreme Court adopted the Daubert test in State v. Olenowski, 253 N.J. 133 (2023). Thirty years earlier, the U.S. Supreme Court decided Daubert and replaced the more restrictive Frye test for admissibility.

May 14, 2024 | feeds.feedblitz.com | Peter D. Espey |Jacqueline Vogt |Boris Peyzner |David G. Tomeo

Despite the judicial hierarchy of a state’s appellate court, its power to review and correct errors made by a trial court is based on standards of review that serve to establish a deferential approach. The standards foster the creation of a stable body of legal precedents intended to guide the trial courts in addressing substantive and procedural law.

May 14, 2024 | feeds.feedblitz.com | Peter D. Espey |Jacqueline Vogt |Boris Peyzner |Melissa Terranova

In the last decade, there has been an increasing tendency for medical malpractice plaintiffs to include as defendants not only the health care providers who rendered the allegedly negligent care and the practice groups with which they were affiliated or employed, but also to name those corporations or limited liability companies which either managed or provided support services to the defendant practice groups on a “piercing the corporate veil” or “alter ego” theory.