Paul M. da Costa Quoted in NJLJ Article, “‘Gotcha’ No More? NJ Fed Court Considers Early Test for Affidavit of Merit Disputes in Med Mal Suits.”

A proposed amendment to Local Civil Rule 16.1 in the U.S. District Court for the District of New Jersey would change how Affidavits of Merit are addressed in professional malpractice and negligence cases by pushing disputes over their necessity or sufficiency earlier in the litigation.

Currently, Rule 16.1 requires pretrial conferences to address whether an Affidavit of Merit has been served or is required, any deadlines for service, defense objections to adequacy, and potential summary judgment motion deadlines concerning the affidavit. The proposed amendment would remove that language from Rule 16.1(b)(1)(H), effectively requiring those issues to be raised and resolved at the outset of the case.

Managing Partner, Paul M. da Costa voiced support for the proposed amendment, emphasizing that it is consistent with the purpose of New Jersey’s Affidavit of Merit statute, to “weed out frivolous cases early.” He explained that the change would require defendants to raise objections to an affidavit’s sufficiency early in the case, rather than allowing them to wait until “the eve of a trial date” to pursue what he described as a late “Gotcha!” dismissal motion after years of litigation. da Costa also noted the practical benefit of early resolution, stating that courts and parties should not spend years managing and litigating a case only to have it dismissed later on affidavit-related grounds. In his view, addressing those issues early better serves judicial economy and the interests of both plaintiffs and defendants.

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Paul M. da Costa, Esq. is a Managing Partner at Sarno da Costa D’Aniello Maceri Webb LLC and is the head of the Medical Malpractice and Personal Injury Departments. With a proven track record of securing substantial recoveries in complex medical malpractice actions and catastrophic personal injury claims, Paul combines aggressive courtroom advocacy with a meticulous attention to detail to obtain the best possible result. If you or someone you know suspects that you have been the victim of medical negligence or an injury caused by another party, we may be able to help. Please contact us at (973) 274-5200 for a free consultation.