NJ Ruling Helps Cos. Deflect Blame in Construction Suits

June 20, 2013 – In The News

Tim Bloh was quoted in the Law360 article "NJ Ruling Helps Cos. Deflect Blame in Construction Suits." While the full text can be found in the June 20, 2013, issue of Law360, a synopsis is noted below.

The New Jersey Supreme Court ruled companies can argue that defendants already dismissed from a case are to blame when fighting construction litigation. The decision could limit liability and stop claimants from targeting companies with the most money.

When a defendant wins a summary judgment based on a 10-year window in New Jersey for suing over property improvements, it does not prevent remaining defendants from attempting to convince the jury a dismissed party is liable, the court found.

The ruling should give defendants more to battle claims with when a claimant targets the party with the deepest pockets. The ruling also puts pressure on plaintiffs to file suits in a timely manner.

“You may miss the one guy who was really responsible, and you may not have a claim against them because you didn’t bring it in time. That’s going to be critical,” said Tim Bloh. “Defendants are going to look for people who may not be in the case, that may have had fault, and point at them.”