Legal Opinion · Concurring in part, dissenting in part
LaFage v. Jani
Supreme Court of New Jersey
Decided February 22, 2001Published
1Concurring in part, dissenting in partLaVECCHIA, J.
As Justice Felix Frankfurter once observed, in the judicial construction of a statute “there is a difference between reading what is and rewriting it.” Shapiro v. United States, 335 U.S . 1, 43, 68 S.Ct. 1375, 1397, 92 L.Ed. 1787, 1812 (1948) (Frankfurter, J., dissenting). At times the difference is elusive, but not this time.
The New Jersey Wrongful Death Act (Act), N.J.S.A. 2A:31-1 to -6, contains some simple, yet emphatic, words: “Every action brought under this chapter shall be commenced within 2 years after the death of the decedent, and not thereafter.” N.J.S.A. 2A:31-3. Undoubtedly, the…
2Cases cited63 opinions
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
- Moreno v. Sterling Drug, Inc.Texas Supreme Court · 1990
- Shapiro v. United StatesSupreme Court of the United States · 1948
- Mobil Oil Corp. v. HigginbothamSupreme Court of the United States · 1978
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