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Thursday, July 10, 2008

Brian Scott Owens, Sr., et al. v. Gerald Feigin, M.D., et al.

6-3-08 (A-43-07)

Nothing in the language or legislative history of New Jersey’s Civil Rights Act (CRA), N.J.S.A. 10:6-1 to -2, convincingly evidences that the Legislature meant to import the requirements for suit contained in the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, as necessary predicates for bringing a CRA claim. Therefore, the notice of claim requirement in the TCA does not apply to causes of action under the CRA.