NJ Superior Court dismisses emotional distress suit resulting from "inhumane" deposition.

The plaintiffs in an underlying wrongful death medical malpractice claim were questioned at their deposition as to whether they were involved in the baby’s death — ostensibly because the baby’s autopsy revealed a subarachnoid brain hemorrhage a common sign of shaken baby syndrome. They allege that these questions caused them emotional distress and they commenced a lawsuit against the defense attorney who asked the questions. The trial court dismissed the suit on the grounds that the questions were directly related to the litigation.


NY Court of Appeals addresses high low agreements.

Court holds that whenever a plaintiff and a defendant enter into a high-low agreement in a multi-defendant action which requires the agreeing defendant to remain a party to the litigation, the parties must disclose the existence of that agreement and its terms to the court and the non-agreeing defendant(s).