Tuesday, March 12, 2013

Incompetence Not An Extraordinary Circumstance

The New Jersey Supreme Court has held that an attorney's inattention or incompetence does not amount to an "extraordinary circumstance" that excuses an untimely notice of a tort claim.

The underlying claim involved alegatioms that the defendants Rutgers University and the University of Medicine and Dentistry of New Jersey had disclosed the plaintiff's confidential health information.

The court noted that the plaintiff's remedy is a suit for malpractuce against the attorney.

A dissent "expresses the view that the majority's holding is overly restrictive, undervalues the totality of the circumstances analysis, and misapplies the abuse of discretion standard of review." (Mike Frisch)


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