Choice of Law and Punitive Damages in New Jersey Mass Tort Litigation

Florham Park partners Ken Wilbur and Susan Sharko co-authored “Choice of Law and Punitive Damages in New Jersey Mass Tort Litigation” for New Jersey Lawyer Magazine. The article examines the emergence of the argument that when alleged wrongful conduct giving rise to a punitive damages claim occurs in New Jersey, the claim is therefore governed by New Jersey Law, regardless of the place of injury or residence of potential plaintiff. While many seem to agree to that standard (including the courts), Ken and Susan take a look at what that may mean for New Jersey mass tort litigation moving forward.