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Lame Duck Watch: Assembly Minority Leader Jon Bramnick | Supreme Court Denies Cert in Statute of Limitations Case

By Lisa Chapland posted 10-16-2017 05:02 PM

  
CAPITOL REPORT by Lisa Chapland, Esq. @Lisac1997 

This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.

Lame Duck Watch: Assembly Minority Leader Jon Bramnick

As this session comes to a close, the New Jersey State Bar Association asked legislators to provide their insight on what to expect in this lame duck session. This week, the NJSBA spoke to Republican minority leader Assemblyman Jon Bramnick. Here’s what he had to say.

What are your priorities going into this lame duck session?

High density housing. I want to try to have a legislative remedy as opposed to litigation in the courts. I also want to reinstate regional contribution agreements to allow the transfer of a town or city’s share—not all of it, some of it—to another town or city. I also want to see a moratorium on litigation for a year until the Legislature comes up with a remedy. There are a few bills sponsored by Assemblywoman Holly Schepisi that I think are great bills and should be considered to address these issues.

Next year will be a new administration. What do you see as important issues going into the next session?

Trying to pay the bills. Make it simple. Everybody knows that people are planning to leave the state because it’s too expensive to live here. For me, that’s a crisis. And it’s a dangerous policy. People are leaving—whether it’s to Florida, Texas, North or South Carolina. People are gone. We should hold emergency sessions on affordability. But I don’t see my friends across the aisle treating this as a crisis.

Do you view criminal bail reform as an improvement, or does it need more work?

In theory, it’s a good idea. The basic concept of keeping bad people in jail and others out of jail is great. But the details and the implementation of bail reform obviously have obstacles. Very few people argue with the basic concept. But clearly there have to be some changes to bail reform to make sure it’s actually achieving its goals.

Does being an attorney give you a unique perspective as a legislator? Do you have any advice for attorneys who would like to become involved in holding public office or in government?

I can give you an answer by way of an example. A few years ago, someone wanted to put in a bill to make driving while intoxicated (DWI) a criminal offense. But people don’t realize the long-term impact of such a bill. It sounds good, but moving a DWI from a motor vehicle violation to a criminal violation has a significant impact on people who are looking for a job, for example. Knowing the impact of changing the law and the ability to read the law is really important. Nobody has better insight into this than lawyers.

Supreme Court Denies Cert in Statute of Limitations Case

The New Jersey Supreme Court declined to hear the appeal of a doctor who claimed that a one-year statute of limitations applies to the improper disclosure of a person’s HIV-positive status to a third party, rather than a two-year statute of limitations, where different causes of actions are pled. The NJSBA participated as amicus curiae in the matter, with NJSBA Trustee William H. Mergner Jr. arguing before the Appellate Division on behalf of the association and authoring the brief, along with Liana M. Nobile.

The plaintiff sued the doctor for improper disclosure of confidential information, pleading invasion of privacy, medical malpractice and a violation of the New Jersey AIDS Assistance Act. All are governed by a two-year statute of limitations. The doctor countered that the invasion of privacy claim is akin to defamation and false light, which have a one-year statute of limitations.

The association argued that a universal one-year statute of limitations to the disclosure of HIV/AIDS status results in less protection, in direct contradiction to the purpose of the NJ AIDS Assistance Act. Further, there is no basis to argue a shorter statute of limitations applies to this type of claim. The Appellate Division agreed, ruling against the doctor.​

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