The New Jersey Civil Justice Institute (NJCJI), the Garden State’s only organization solely focused on protecting business and taxpayers from excessive litigation, sent a letter to each gubernatorial candidate calling on them to include civil liability reform as a component of their campaign platforms.

"As you shape your priorities and consider the challenges facing New Jersey’s legal system, we encourage you to consider several reforms that would help promote fairness in the courts, improve transparency, and support our state’s economic competitiveness," Elissa Frank, President, New Jersey Civil Justice Institute, wrote to the candidates.

The letter goes on to advocate for specific reforms supported by NJCJI, including:

Third-party litigation funding: These arrangements—where outside investors finance lawsuits in exchange for a share of the proceeds—often operate in the shadows. We support requiring parties to disclose the existence of any such agreements so all parties and the court are aware of potential outside influence. (More information: U.S. Chamber – Setting the Record Straight on TPLF.)

Oversight of attorney advertising: Legal ads on television, radio, and online should include clear disclaimers and avoid symbols or language that might mislead viewers into thinking the message is endorsed by medical or government authorities.

FDA Approval and Liability: Manufacturers should not face state-level lawsuits when their drugs or medical devices have already been approved by the FDA and are in full compliance with federal labeling standards.

Expert Testimony: We recommend aligning New Jersey Rule of Evidence 702 with the federal Daubert standard to ensure expert evidence is based on sound scientific principles, not junk science.

Non-economic Caps: To help rein in excessive and unpredictable verdicts, we also recommend targeted caps on non-economic damages. These subjective pain and suffering awards create nuclear verdicts and lead to unequal treatment under the law.

Non-economic Disclosures: We support listing non-economic damages separately on verdict sheets to provide greater transparency in the decision-making process and encourage more balanced outcomes.

Retroactive Liability: We oppose retroactive liability under the proposed Climate Superfund Act. Companies should not be penalized for actions that were legal and properly permitted at the time. This approach undermines fairness, due process, and regulatory certainty, and sends a chilling message to current and future investors.

Frank concludes the letter by offering to serve as a resource for candidates and elected officials as they develop data-driven policy solutions to improve New Jersey's legal system.

In the courtroom and in the state house, NJCJI advocates for a civil justice system that fairly and efficiently resolves cases based on clear legal standards and reliable evidence. It is a nonpartisan, not-for-profit organization supported by many of New Jersey’s largest employers, business associations, and professional organizations.

Full text of the letter can be found here: https://www.njcji.org/s/NJCJI-Priorities.pdf