New Jersey Statutes
N.J. Stat. § 2A:15-5.13 (2026)
Bifurcated trial at defendant's request
✓ current as of May 2026
5. a. Any actions involving punitive damages shall, if requested by any defendant, be conducted in a bifurcated trial.
b. In the first stage of a bifurcated trial, the trier of fact shall determine liability for compensatory damages and the amount of compensatory damages or nominal damages. Evidence relevant only to the issues of punitive damages shall not be admissible in this stage.
c. Punitive damages may be awarded only if compensatory damages have been awarded in the first stage of the trial. An award of nominal damages cannot support an award of punitive damages.
d. In the second stage of a bifurcated trial, the trier of fact shall determine if a defendant is liable for punitive damages.
e. In any action in which there are two or more defendants, an award of punitive damages must be specific as to a defendant, and each defendant is liable only for the amount of the award made against that defendant.
Notes of Decisions
Cited in 17
cases (10 in the last 5 years), 1997–2026 · leading case: Inter Med. Supplies Ltd. v. EBI Med. Sys., Inc., 975 F. Supp. 681 (D.N.J. 1997).
Inter Med. Supplies Ltd. v. EBI Med. Sys., Inc., 975 F. Supp. 681 (D.N.J. 1997). “” In other words, New Jersey’s Punitive Damages Act has abolished joint and several liability for punitive damages.”
Hassoun v. Cimmino, 126 F. Supp. 2d 353 (D.N.J. 2000). “1986) (noting that New Jersey law contains no independent cause of action for punitive damages); see also N.J. Stat. Ann. § 2A:15-5.13(c) (stating that punitive damages may be awarded under New Jersey law only if compensatory damages have been awarded).”
Lithuanian Com. Corp. v. Sara Lee Hosiery, 202 F. Supp. 2d 371 (D.N.J. 2002). “ach of express warranty, breach of implied warranties of merchantability and fitness for a particular purpose, breach of contract, common law fraud, tortious interference with prospective business relations, or a *374 breach of the duty of good faith and fair dealing; (2) LCC…”
West Pan, Inc. v. Perry (In re West Pan, Inc.), 372 B.R. 112 (S.D.N.Y. 2007). “” N.J. Stat. Ann. § 2A:15-5.13(c). The statute only applies to cases filed after its October 27, 1995 effective date and thus has no application here.”
Mall Chevrolet, Inc. v. Gen. Motors LLC (D.N.J. 2021). “N.J. Stat. Ann. § 2A:15-5.13 (stating that “[p]unitive damages may be awarded only if compensatory damages have been awarded in the first stage of the trial”); Smith v.”
Martinez v. Safariland, LLC (D.N.J. 2022). “Punitive Damages (Count 4) Count 4 asserts a separate claim for punitive damages.”
Juice Ent., LLC v. Live Nation Ent., Inc. (D.N.J. 2022). “91-1 at ¶ 7; see N.J. Stat. Ann. § 2A:15-5.13 (“Punitive damages may be awarded only if compensatory have been awarded .”
Juice Ent., LLC v. Live Nation Ent., Inc. (D.N.J. 2022). “91-1 at ¶ 7; see N.J. Stat. Ann. § 2A:15-5.13 (“Punitive damages may be awarded only if compensatory have been awarded .”
Nuwave Inv. Corp. Vs. Hyman Beck & Co., Inc. (l-0411-06, Morris Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “N.J.S.A. 2A:15-5.13(c); see also In re Estate of Stockdale, 196 N.”
Frank Timek Vs. Chief Ernest Jubilee (l-0014-13, Atl. Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “2011) (quoting N.J.S.A. 2A:15-5.13(c)). A-5452-16T3 20 In addition to these statutory requirements, our Supreme Court has "imposed a higher standard of liability for punitive damages" in CEPA cases just as it has for Law Against Discrimination cases.”
Richard Gianacakos Vs. Hudson River Crossfit (c-000127-17, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). “We agree with defendants that the punitive damages award must be reversed.”
Elizabeth Hrymoc v. Ethicon, Inc. (N.J. 2023). “” N.J.S.A. 2A:15-5.13(a). “In the first stage of a bifurcated trial, the trier of fact shall determine liability for compensatory damages and the amount of compensatory damages or nominal damages.”
N.J. Stat. § 2A:15-5.13(a): 1 case
Elizabeth Hrymoc v. Ethicon, Inc. (N.J. 2023). “” N.J.S.A. 2A:15-5.13(a). “In the first stage of a bifurcated trial, the trier of fact shall determine liability for compensatory damages and the amount of compensatory damages or nominal damages.”
N.J. Stat. § 2A:15-5.13(b): 1 case
Est. of Eugene Boehm, Etc. v. Care One at Wall, LLC (N.J. Super. Ct. App. Div. 2025).
N.J. Stat. § 2A:15-5.13(c): 10 cases
Hassoun v. Cimmino, 126 F. Supp. 2d 353 (D.N.J. 2000). “1986) (noting that New Jersey law contains no independent cause of action for punitive damages); see also N.J. Stat. Ann. § 2A:15-5.13(c) (stating that punitive damages may be awarded under New Jersey law only if compensatory damages have been awarded).”
West Pan, Inc. v. Perry (In re West Pan, Inc.), 372 B.R. 112 (S.D.N.Y. 2007). “” N.J. Stat. Ann. § 2A:15-5.13(c). The statute only applies to cases filed after its October 27, 1995 effective date and thus has no application here.”
Mall Chevrolet, Inc. v. Gen. Motors LLC (D.N.J. 2021). “N.J. Stat. Ann. § 2A:15-5.13 (stating that “[p]unitive damages may be awarded only if compensatory damages have been awarded in the first stage of the trial”); Smith v.”
Nuwave Inv. Corp. Vs. Hyman Beck & Co., Inc. (l-0411-06, Morris Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “N.J.S.A. 2A:15-5.13(c); see also In re Estate of Stockdale, 196 N.”
Frank Timek Vs. Chief Ernest Jubilee (l-0014-13, Atl. Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “2011) (quoting N.J.S.A. 2A:15-5.13(c)). A-5452-16T3 20 In addition to these statutory requirements, our Supreme Court has "imposed a higher standard of liability for punitive damages" in CEPA cases just as it has for Law Against Discrimination cases.”
N.J. Stat. § 2A:15-5.13(e): 1 case
Inter Med. Supplies Ltd. v. EBI Med. Sys., Inc., 975 F. Supp. 681 (D.N.J. 1997). “” In other words, New Jersey’s Punitive Damages Act has abolished joint and several liability for punitive damages.”
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