A Discussion About Allocation and Contribution Among Joint Tortfeasors in New Jersey, New York and Pennsylvania

There have been several recent cases in New Jersey which address issues related to allocation amongst Joint as well as Successive tortfeasors. These cases raise important tactical questions especially as to potential settlement with less than all of the defendants. 

 

During this seminar we will discuss these cases and their implications on the handling of multi-party tort claims. In addition, we will discuss the basics of allocation and joint and several liability under New York law and the interplay between CPLR Art. 16 and the General Obligation Law. There has been a recent Pennsylvania case which has cast doubt on the generally understood interpretation of the Fair Share Act. We will discuss this case as well.

 

 

Presenter Bio

 

Fredric Paul Gallin, Esq. serves as managing partner of our New York office and is one of our senior trial attorneys. He has L.L.M. (Masters of Law) degree in Environmental Law and is Certified by the New Jersey Supreme Court as a Civil Trial Attorney. He manages and tries a large variety of cases, from major catastrophic losses such as the 9/11 cases and crane collapses, to high exposure general liability, multi-party fire losses, first party claims and complex coverage matters in New Jersey, New York and Pennsylvania. He has argued numerous appellate cases, including several appearances before the New Jersey Supreme Court. Ric’s cases have set important precedents in different areas of insurance law, including environmental coverage, the handling of first party claims and subrogation. Ric was responsible for the seminal Perriera case, which eliminated health insurance liens by private insurers in New Jersey.

 

Ric’s trials have involved the defense of employers in discrimination cases, serious injuries arising out of general liability and auto accidents, multi-million-dollar property damage claims, environmental contamination and toxic tort cases. He has successfully represented carriers in first party coverage, third party coverage and bad faith claims.

 

Ric also plays a major role in our subrogation department and has recovered over 10 million dollars for our clients over the past several years. He plays a leadership role in the training of new associates and has given numerous continuing legal education lectures in areas related to insurance coverage and the representation of carriers.

 

Ms. Stanziale joined Methfessel & Werbel upon completion of her judicial clerkship. Since then, she has handled both coverage and liability cases. Initially, as a first-year associate, she worked under the direction of John Methfessel, Jr., in the firm’s liability department where she learned the intricacies of handling defense files and where she gained trial experience appearing on Special Civil Court matters. Her very first Superior Court trial resulted in a no cause on behalf of a property owner who was sued for negligence for failing to maintain his property. For the next three years, Ms. Stanziale handled both automobile and premises liability files from the filing of an Answer to jury verdict. During that time, she lectured on premises liability at a firm-sponsored seminar and was selected as a member of the Inns of Court of Essex County.

 

Thereafter, her area of concentration was pre-suit investigation of fraud, auto theft, property, and PIP cases. Her work on those types of cases ranged from the opening of files and the taking of Examinations under Oath to the filing and arguing of Orders to Show Cause and Declaratory Judgment actions. In that capacity, she was successful in having 6-figure claims dismissed and policies declared void ab initio for material misrepresentation and fraud. She has worked with the Office of Insurance Fraud Prosecutor to bring insurance fraud violators to justice.

 

Currently, Gina is a partner and manager of the firm’s property team. There, she handles the defense of both first and third-party claims from institution of suit, includin