N.J. Malpractice Statute Requiring Affidavit Of Claims’ Merit Applies to Intentional Torts

A New Jersey statute requiring an “Affidavit of Merit” from an independent professional before plaintiffs may bring negligence or malpractice claims against accountants, lawyers and other licensed professionals can be applied to intentional tort claims of fraud and negligent misrepresentation made against a law firm and an accounting firm, even if it seems “counterintuitive” or “illogical,” the U.S. Court of Appeals for the Third Circuit held May 14 (Nuveen Mun. Trust v. Withumsmith Brown, P.C., 2014 BL 134564, 3d Cir., No. 10-4633).

According to the New Jersey Supreme Court, in applying the AOM statute “ ‘[i]t is not the ...