Two cases that we previously highlighted on Of Interest have been placed onto the New Jersey Supreme Court’s docket for this Fall.
In Rabinowitz v. Wahrenberger, plaintiffs originally filed a medical malpractice action against a hospital for the death of their child. The attorney representing the hospital asked the father whether the father’s statement to the police about his suspicion of murder was a reference to the baby’s mother. Plaintiffs later sued defense counsel for intentional infliction of emotional distress because of those uncomfortable questions, but the trial and appellate courts found the questions were privileged, that the lawsuit was frivolous, and awarded legal fees to the defendant. The Supreme Court will now determine whether the plaintiff or plaintiff’s counsel ought to be responsible for paying that award.
Both cases have important implications for both attorneys and their clients, so be sure to check Of Interest for any updates.