Yesterday, by a 36-0 vote, the Senate rightly confirmed Anne Patterson as a Justice of the Supreme Court of New Jersey.  She will assume the seat now held by Justice Rivera-Soto when his term expires in September.

Risko v. Thompson Muller Automotive Group, Inc., 206  N.J. 506 (2011).  This case came to the Supreme Court because of improper remarks made by plaintiff’s counsel in his trial summation.  The case was a slip and fall that caused plaintiff’s decedent to suffer a fractured arm and hip.  The hip injury required surgery, which led to a severe inflammation of the colon, which developed into septic shock and ultimately caused the death of plaintiff’s decedent. Plaintiff’s counsel believed that the case warranted an award of at least $1 million.  He told the jury that the...

Wood v. New Jersey Manufacturers Ins. Co., 206 N.J. 562 (2011).  The question of what claims are triable to a jury has vexed the courts for many years, in various different contexts.  Wood contains a sound and scholarly analysis of whether an insured’s claim that his or her insurer acted in bad faith in refusing to settle a claim within policy limits is triable with or without a jury.  Justice Rivera-Soto wrote the opinion for a unanimous Court, holding that the claim could be tried to a jury.  [Disclosure:  I represent New Jersey Manufacturers Ins. Co. in a pending appeal having...