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-Amos Gern Honored by ATLA-NJ
June 25, 2008

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On Wednesday, June 25, 2008, Amos Gern was honored for his year-long service as ATLA-NJ President. Prior to becoming ATLA NJ President in June 2007, Amos sat on the Board of Governors of ATLA-NJ since 1989. Further, he has been a Sustaining Member of the American Association of Justice (AAJ) (formerly National ATLA) during this same time period. Mr. Gern's speech to the ATLA-NJ membership follows:

I would like to thank all of our supporters tonight for being here and for your tremendous financial support of the Installation Dinner Ad Journal.  You have honored our new President, Tommie Ann Gibney, and our entire slate of officers for 2008-2009, and ATLA-NJ is greatly indebted to all of you.

I want to thank my wife Evelyn, my secretary, Donna, and all of my partners and associates for putting up with me this year, under some trying circumstances. Their support allowed me to perform a difficult job, which I thoroughly enjoyed.

By now most of you know that the Association of Trial Lawyers of America - New Jersey (ATLA-NJ), will soon hold a formal vote to adopt a new name, the New Jersey Association for Justice (NJAJ).  This name change, has been approved by our Board of Governors and will be presented to our membership in October 2008, at our Second Annual Meadowlands Seminar.  I am hopeful that this will represent the final step in a full transformation of this organization from just another bar association primarily focused on its members, "the Trial Lawyers," to a publicly recognized advocacy group which has always promoted and supported the goal of justice for all New Jersey citizens and institutions.

When national ATLA became the American Association for Justice (AAJ), its leadership first studied and analyzed the public's perception of the organization, with particular emphasis on the identity of its members as "the Trial Attorneys."  They quickly came to understand the irrational dichotomy in the public's perception between our professional identity as trial lawyers and the mission we stand for, that is, establishing and promoting principles of justice and fairness.  As a result, National AAJ, and our local Board of Governors, have come to realize that our pride in serving as "trial attorneys" needs to be moderated, in order to better serve our constituency.

ATLA-NJ has long ago developed a Mission Statement as follows:

Its objectives shall be to uphold and defend the Constitution of the United States and of the State of New Jersey; to advance the science of jurisprudence; to educate and train in all fields and phases of advocacy; to promote the administration of justice for the public good; to uphold the honor and dignity of the profession of the law; and especially to advance the cause of those who are damaged in person or property and who must seek redress therefore; to encourage brotherhood [collegiality] among the members of the bar; and to uphold and improve the adversary system and trial by jury.

This has been, and remains, the guidepost to our efforts in the courtrooms throughout the State, in the Legislature, and in all public venues.  The New Jersey trial lawyers will always be in the forefront of the struggle for freedom and equality, irrespective of one's station in life, power, or wealth, because that is exactly what we do.  And we remain proud to proclaim this mission since it remains our duty, and it will always be the right thing to do.

This past year has been exciting and eventful, and I am honored and humbled that you allowed me to serve as your President and Spokesperson.  It has been my responsibility, aided by an outstanding group of officers and leaders on my Executive Committee, the trustees of ATLA-NJ Legal PAC, and a dedicated headquarters staff, to fight for these principles at every opportunity and every level.  I have been tremendously assisted and guided by two consummate professionals, our Executive Director, Cornelius Larkin, and our Director of Governmental Relations/Lobbyist, Debbie Bozarth.  Their experience, expertise, and good counsel, have allowed me to perform my duties at the highest level possible.  It has given me tremendous pride and satisfaction to serve on your behalf as a representative for "change," the catchword for the 2008 presidential primaries.

Some of our accomplishments include the following:

  1. Support for a series of reforms and improvements to New Jersey's Workers Compensation system, designed to expedite relief for our honest, hard-working citizens who have suffered a job-related injury.  The legislation we helped write, and supported through testimony at the Senate Labor Committee, seeks to make our Workers Compensation Courts and Judges better equipped to dispense justice, and be more responsive to the litigants who need their help.
  2. ATLA-NJ has made countless appearances as a "friend of the court," as Amicus curiae, in matters of urgency to our clients and members.  We have sought relief for the victims of wrongdoing in all areas associated with our mission, and have garnered the respect and admiration of our judiciary and professional colleagues as a result of this work.  These cases have addressed many important issues including the following:  (A) step-down provisions in commercial policies, (b) remittitur procedures in damage awards, (c) damages for catastrophic injuries to infants, (d) expert testimony by chiropractors and physicians regarding MRI and EMG findings, (e) the use of photographs as evidence of injury in motor vehicle cases, (f) claims for emotional damages upon witnessing the death or serious injury of a loved one, (g) the issue of bad faith in excess verdicts related to underinsured and uninsured motorist claims, (h) the applicability of PLIGA PIP coverage in certain circumstances involving a special auto policy with limited benefits, and (i) the obligation of an expert to reveal financial information to demonstrate bias or prejudice.
  3. We have met with, and consulted, legislative leaders and the judiciary, at the highest levels, in an effort to effect legislative reform, and improve the responsiveness of our judges and courts in the process of selecting fair and impartial juries.  We have remained vigilant and active on all fronts associated with auto law, health care, professional liability, and bad faith, and do not intend to capitulate to the tort reformers who constantly seek to discredit our clients, members, and cause.
  4. Our education programs are stronger and better than ever, with over 1100 attendees at our nationally recognized Boardwalk Seminar, and nearly 500 in our first year at the Meadowlands Seminar.

 ATLA-NJ is in great shape and lucky to have an outstanding President to carry on and re-cast the agenda for 2008-2009.  Tommie Ann Gibney will be only our third female leader, and has already established her own identity and is now ready to announce her priorities for the organization.  We must stand shoulder to shoulder with her and the new officers, and the Board of Governors, to strengthen the power and influence of this body, for the benefit of our citizens.  I know you will provide even more participation and commitment to ATLA-NJ in the coming year to support the fight for justice this organization has accepted as its mission.

The centerpiece of my Presidency this past year has been our righteous effort to pass an Amendment to New Jersey's Wrongful Death Act to protect and compensate the families of New Jersey’s most vulnerable citizens, the elderly, the disabled, and our single mothers.  These citizens have been ignored by New Jersey's law, which is premised solely on pecuniary, or financial loss, to the family of someone wrongfully killed by a negligent act.

On January 7, 2008, ATLA-NJ accomplished the passage by the full Legislature of an Amendment to the Wrongful Death Act, allowing compensation for these most aggrieved citizens for the terrible mental anguish associated with the loss of a close family member.  Unfortunately this amendment was not signed into law by Governor Jon Corzine because of misplaced and irrational concerns with so-called "runaway" verdicts, reflecting an unwillingness to trust our citizen jurors, and the very judges he has appointed to the bench, to render fair and impartial decisions.  ATLA-NJ will re-assert the need for this legislation, and has already addressed the matter with the Governor, legislative leaders, and potential witnesses.  I stand ready and willing, along with all of our ATLA-NJ leaders, to support this amendment and secure its adoption into Law.


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