NJ Appellate Division Adopts McCarter’s Position on Statute of Limitations in Legal Malpractice Cases – MTK Food Services, Inc. v. Sirius America Insurance Co., et al.

A three-judge New Jersey Appellate Division panel adopted the argument set forth by McCarter & English, LLP that the appellate court should reverse a lower court decision and apply Pennsylvania’s two-year statute of limitations for an attorney malpractice claim rather than New Jersey’s six-year statute.  McCarter represented amicus curiae The New Jersey State Bar Association in MTK Food Services, Inc. v. Sirius America Insurance Co., et al, a case involving alleged malpractice by an attorney holding both a Pennsylvania and New Jersey license to practice law. The brief, which argued that failing to overturn the trial court ruling could harm New Jersey attorneys or individuals who want to become licensed in New Jersey, was authored by partners David Kott, William Reilly and associate Christopher Rojao. David Kott argued the case in the Appellate Division.