Bernard Lamb, Plaintiffs-Appellants v. Global Landfill Reclaiming, Defendants, and State of New…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and reinstated the trial court's order permitting the plaintiffs to file a late notice of claim under N.J.S.A. § 59:8-9. The Court held that the plaintiffs demonstrated sufficient reasons for the delay and that the defendants were not substantially prejudiced. It also concluded that the attorney‑prepared affidavits satisfied Rule 1:6‑6. The decision rests on the discretionary nature of the statutory late‑filing provision and the unique difficulties of toxic‑tort mass‑exposure litigation.