MEETING AGENDA

The New Jersey Law Revision Commission meeting will be conducted REMOTELY on Thursday, July 20, 2023, at 4:30 p.m.

Any member of the public that wishes to submit comments on any agenda item, or would like to participate in the meeting virtually, should contact Laura C. Tharney in advance of the start time of the meeting, at: lct@njlrc.org

1. Statute of Frauds - Mandatory Attorney Review Provision - Consideration of a Draft Final Report proposing the elimination of the mandatory attorney review provision from New Jersey’s Statute of Frauds, N.J.S. 25:1-5, governing non-marital personal relationship support provisions, palimony, as discussed in Moynihan v. Lynch, 250 N.J. 60 (2022). Report

2. Comprehensive Drug Reform Act - Joint Motions to Vacate Parole Ineligibility - Consideration of a Draft Final Report proposing the modification of the statute concerning joint motions to vacate parole ineligibility, N.J.S. 2C:35- 12, as discussed in State v. Arroyo-Nunez, 470 N.J. Super. 351 (App. Div. 2022). Report

3. Tort Claims Act: Applicability of Notice Provision to Contribution and Indemnification Claims - Consideration of a Draft Tentative Report proposing a modification of the statute imposing a ninety-day deadline for filing notice of tort claims against public entities, N.J.S. 59:8-8, as discussed in Jones v. Morey’s Pier, Inc., 230 N.J. 142 (2017). Report

4. Non-Admitted Insurers Act: Jurisdiction Over Violations - Consideration of a Memorandum proposing a project addressing whether N.J.S. 17:32-20 in the Non-Admitted Insurers Act (“Act”) should be modified to reflect that the New Jersey Department of Banking and Insurance Commissioner has discretion to pursue administrative remedies or request judicial relief when the Act is violated, as held in Applied Underwriters Captive Risk Assurance Co., Inc. v. NJ Department of Banking & Insurance, 472 N.J. Super. 26 (App. Div. 2022). Memo

5. Affidavit of Merit Statute: Application to Respondeat Superior Claims - Consideration of a Memorandum proposing a project addressing whether N.J.S. 17:32-20 in New Jersey’s Affidavit of Merit Statute should be modified to clarify whether an Affidavit of Merit is required in the context of respondeat superior claims, as discussed in Haviland v. Lourdes Medical Center of Burlington County., Inc., 250 N.J 368, 371 (2022). Memo