Walter M. Kosmowski, Sr.

Summary

The Supreme Court of New Jersey held that the trial court erred in dismissing the wrongful‑death malpractice complaint with prejudice because plaintiffs' counsel was not candid about the expert's availability, and remanded for the trial court to reassess its discretionary ruling and consider restoration of the complaint and appropriate sanctions. Justice LaVECCHIA filed a concurring opinion emphasizing the attorney's ethical duty of disclosure.