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SLG Obtains Appellate Victory Upholding Statutory Limits in Roselle Board of Education Case

Shah Law Group NJ Appellate Division vicarious liability reversal
Shah Law Group NJ Appellate Division vicarious liability reversal

New Jersey – January 15, 2026 — Shah Law Group, LLC announced today that the Superior Court of New Jersey, Appellate Division issued a published opinion affirming the dismissal of all remaining claims against its client, the Roselle Board of Education, in C.W. v. Roselle Board of Education, Docket No. A-2236-23.

The Appellate Division rejected the plaintiff’s attempt to apply a 2025 amendment to the New Jersey Tort Claims Act retroactively to his pending claims. The court held that the Legislature did not clearly intend for the amendment to apply to cases already in litigation and reaffirmed that statutory changes apply prospectively absent an express legislative mandate. The panel also confirmed that emotional-distress-related items such as disability, impairment, and loss of enjoyment of life fall within “pain and suffering” damages under the Tort Claims Act and remain subject to applicable statutory thresholds when asserted against public entities. Because the plaintiff could not satisfy the monetary threshold in effect at the relevant time, summary dismissal was properly upheld.

“We are gratified that the Appellate Division applied longstanding principles of statutory interpretation and due process to affirm the trial court’s dismissal,” said Roshan D. Shah, Managing Member of Shah Law Group. “This decision maintains clear boundaries for public-entity exposure and respects the Legislature’s intent—and fairness—to litigants.”

The decision concludes more than five years of litigation and underscores the firm’s appellate bench strength in complex statutory matters.

The Shah Law Group appellate team was led by Roshan D. Shah, with Todd S. McGarvey serving as co-counsel.

About Shah Law Group, LLC

Shah Law Group, LLC is a litigation and appellate boutique representing clients in high-stakes civil matters at both the trial and appellate levels. The firm has extensive experience defending public entities and enforcing statutory frameworks before state and federal appellate courts.

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