Sheri Pastor discusses the Supreme Court’s pending decision on a casino’s bid to recoup its losses from COVID-19 with Law360.
“I think it is unique in the sense that the court substituted its judgment for that of the relevant scientific community, when in New Jersey that is absolutely not permitted,” Pastor told Law360. “A fundamental principle here in New Jersey has always been that we are a liberal pleading state, and we have liberal pleading standards. What that has always meant is that a court isn’t permitted to disregard facts as they’re alleged, particularly on a motion to dismiss. And that’s what happened here.”