News & Noteworthy

Authored - NJ Contract Law Update - Assignability Of Certain Contract-Substitute Claims
OCTOBER 15, 2013 | Windels Marx - Commercial Litigation

In Swift v. Pandey, 2013 WL 3336768 (D.N.J. July 2, 2013), the Court reminded the Bar of the issue of assignability of tort claims--even business torts. The Court's most self-explanatory statement was that in "New Jersey, as a matter of public policy, a tort claim cannot be assigned."

A substantial amount of advocacy can be generated both in favor of and against this proposition and/or its application. However, being aware of it is crucial.

Contact & Legal Disclaimer

Clark Alpert is the author of Guide to New Jersey Contract Law, published by the New Jersey Institute for Continuing Legal Education, originally published in 2007 and updated in November 2011 and October 2013. His updates on New Jersey contract law are based in recent issues and practical methods for addressing similar situations in your practice or business. They are not intended to serve as legal advice. Clark welcomes your questions and comments.

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