Partner, Paul M. da Costa, Argues as Amicus Curiae Counsel on behalf of NJAJ in New Jersey Appellate Division in Case Regarding Enforcement of Arbitration Agreement in Medical Malpractice Case

On February 6, 2025, Paul M. da Costa, Partner and Chair of the Sarno da Costa D’Aniello Maceri & Webb Medical Malpractice & Personal Injury Departments, appeared as amicus curiae counsel for the New Jersey Association for Justice (NJAJ) before the Appellate Division in the case of Estate of Nafizia Rugbeer v. Kamran Khazaei, et al. Alec M. Mais, an attorney in the firm’s Medical Malpractice &Personal Injury Departments collaborated with Paul in drafting the appellate brief. The case involves a patient who passed away during elective surgery. The defendants sought to compel arbitration based on a document the deceased patient had signed prior to the procedure. Paul argued that the arbitration agreement was unenforceable due to its unconscionable nature asserting that the defendant physician had significant power over the decedent. Additionally, Paul contended that enforcing arbitration agreements in medical malpractice cases involving surgery and patient death violated public policy and the overall public interest of patients in New Jersey.