Bruce Nagel Argues Before Supreme Court Of New Jersey

By Greg Kohn

In a matter of first impression, Bruce Nagel argued before the New Jersey Supreme Court that the widow in a medical malpractice case did not waive her right to attorneys’ fees pursuant to the offer of judgment rule. Bruce argued that because the widow did not expressly waive her right to recover attorneys’ fees, she is entitled to seek her attorneys’ fees. During the trial of this matter, the jury awarded Plaintiffs $6 million and Plaintiffs were to receive $1 million pursuant to the “high-low” agreement.  Following the verdict, Plaintiffs moved, pursuant to the Rule, for an order seeking the mandatory litigation costs and attorneys’ fees.

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About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.