January 22, 2008

Re: New Jersey Wrongful Death Bill

TO THE COMPANIES IN INTEREST:

We recently reported that the New Jersey Senate and Assembly passed a Wrongful Death bill that expanded the type of recoverable damages under wrongful death actions to include mental anguish, emotional pain and suffering, loss of society and loss of companionship.  At the time of the letter, the bill, S-176 (Doria), was awaiting the Governor’s signature.  Unexpectedly, Governor Corzine failed to sign the bill into law prior to the constitutionally imposed deadline, effectively vetoing it.  The Governor expressed concern over the effect unlimited non-economic damages could have on state and local budgets should they be subject to suit under the Act.  The bill has been reintroduced into both the Senate and Assembly, but at the present time the proposed changes are not law.

We also recently reported the passage of a separate bill, S-68 (Adler), which amended the Wrongful Death Act to clarify that surviving children continue to share in any recovery under the Act.  Governor Corzine signed this bill into law on January 15, 2008.