The New Jersey Supreme Court recently issued a ruling that wholly adopted the primary argument that McCarter had argued on behalf of amicus curiae the New Jersey Business and Industry Association in Orientale v. Jennings. In its ruling, the Supreme Court echoed McCarter’s argument that, in fixing the amount of the additur or of the remittitur, the Trial Court should fix the sum at an amount a reasonable jury would award based on the trial record. This is arguably the most significant holding in the opinion as it changes long standing New Jersey law on the issue.
9.23.2019