FINAL STATEWIDE BUSINESS LIABILITY SURVEY For the New Jersey Lawsuit Reform Alliance

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1 Eagleton Institute of Politics Center for Public Interest Polling Rutgers, The State University of New Jersey 191 Ryders Lane New Brunswick, New Jersey eagletonpoll.rutgers.edu x285 Fax: FINAL STATEWIDE BUSINESS LIABILITY SURVEY For the New Jersey Lawsuit Reform Alliance Eagleton Center for Public Interest Polling Rutgers University David P. Redlawsk, Director October 29, 2012

2 Table of Contents Executive Summary 2 a. Introduction 2 b. Methodology 2 c. Overview 3 I. Court Impact on Businesses 5 II. Need for Liability Reform 7 III. High Profile Lawsuits 10 IV. Direct Impact on Businesses & Public Outreach 12 Appendix 14 Sample Demographics 14 Statewide Banners 15 Survey Instrument with Marginals 22 Confidential to NJLRA 10/29/2012 1

3 EXECUTIVE SUMMARY The Center for Public Interest Polling (CPIP) at the Eagleton Institute of Politics conducted a statewide business liability survey on behalf of the New Jersey Lawsuit Reform Alliance (NJLRA). NJLRA is interested in learning how businesses perceive the impact of the courts, legislature and executive branches on litigation and liability issues throughout New Jersey. The primary focus of the survey was on perceptions about the court's impact on businesses, the need for liability reform, the effect of high profile lawsuits as well as the direct impact of lawsuits on businesses. This survey also identified public outreach by business owners and managers to public officials on these issues. METHODOLOGY The Eagleton Center for Public Interest Polling, Rutgers University, completed a survey on business attitudes about litigation and liability issues at the request of the New Jersey Lawsuit Reform Alliance, conducted September 24-October 4, The sample consists of telephone interviews with 500 business executives, managers and professionals in businesses operating within the state of New Jersey. The sample was chosen to represent non-governmental businesses with at least two employees with operations in New Jersey. Businesses were eligible to be in the sample if they had two or more employees and active business operations within New Jersey. While the sample was not limited by size of business, fewer businesses in the final sample are larger than 20 employees, which represents the general distribution of businesses within the state. Results are not weighted. Column totals may not sum to 100% due to rounding. The margin of error on a sample of 500 respondents is+/-4.4 percentage points. Thus, if 50% of business leaders responded with a particular view, we would be 95% confident that the true value is between 45.6% and 54.4%. Sampling error increases as the sample size decreases, so statements based on various population subgroups are subject to more error than are statements based on the total sample. Sampling error does not take into account other sources of variation inherent in public opinion studies, such as non-response, question wording or context effects. For the findings described in this report, crosstabs for all questions are available with the Demographic Banners. Additionally, the regions described in the statewide sample include the following counties: Urban (Essex, Hudson ); Suburban (Bergen, Mercer, Middlesex, Passaic, Union ); ExUrban (Hunterdon, Morris, Somerset, Sussex, Warren); Phil/South (Burlington, Camden, Cape May, Cumberland, Gloucester, Salem ); and Shore (Atlantic, Monmouth, Ocean). This report was prepared by Debbie Borie-Holtz and John Ward of the Eagleton Center for Public Interest Polling staff. Confidential to NJLRA 10/29/2012 2

4 General Comments OVERVIEW As these findings are evaluated, it is important to know we generally do not make observations about crosstabulated data that have categories with sample sizes less than 50 in order to help ensure the findings are reliable. Don t know and Refuse responses are generally not included in the analyses unless otherwise stated. Banners which contain full crosstabulations can be found in the Appendix for all subgroups. Note that while we show banners for all questions, any columns with a total of fewer than 50 respondents should be interpreted with great care, and should not be relied on as definitive. This is particularly true for questions asked only of small groups of respondents. When the text indicates no difference is found between groups, we are generally referring to no statistically significant difference, even where patterns may appear to show differences among groups. Differences that are not statistically significant may reflect the effects of random chance and sampling error rather than real differences. Court Impact on Business By a 9:1 margin, business leaders surveyed believe it is important to resolve the dispute between Gov. Chris Christie and State Senate leaders over the current vacancies on the state Supreme Court. Of this margin, nearly eight in ten think it is very important to resolve the impasse. Strong support was found for a proposal which would create specialized business courts designed to improve the quality and consistency of business litigation in New Jersey. Need for Liability Reform Overall, support for liability reforms was high across the board -- from limiting lawsuits by outside actors against businesses to medical liability reforms to help physicians keep practicing in the state. Three-fifths of respondents also believe liability and lawsuit reforms should be a high priority for the legislature. Confidential to NJLRA 10/29/2012 3

5 High Profile Lawsuits Two high profile lawsuits evoked strong responses. Three-quarters of respondents (74 percent) thought it was unfair that a lawsuit was allowed to proceed against a restaurant owner. Nearly nine out of ten respondents (86 percent) also believed a suit brought against a pharmacy owner related to a break in and stolen medications will have a negative effect on businesses with 67 percent believing it will have a very negative impact. Direct Impact on Businesses & Public Outreach Almost a quarter (22 percent) of business leaders report their business has been threatened with a lawsuit over the last five years. About a quarter of those cases (27 percent) are ongoing. In terms of public outreach, we found almost a quarter of all respondents indicated they had contacted a member of the state legislature in New Jersey in the last year. Of this group, half indicated their contact was about a matter affecting their business. Confidential to NJLRA 10/29/2012 4

6 RESULTS I. Court Impact on Business One of the goals of this survey is to identify the perceptions of business leaders statewide as it relates to how the courts, legislature and executive branches impact litigation and liability issues in New Jersey. We first asked business leaders how important they thought it was to resolve the dispute between Gov. Chris Christie and State Senate leaders that has resulted in an impasse to filling current vacancies on the state Supreme Court. More than 90 percent think it is at least somewhat important to resolve the impasse, with 72 percent saying it is very important to do. Table 1: Supreme Court Nomination Impasse Very Important 74% Somewhat Important 19% Not Very Important 5% Not At All Important 3% Total 485 Given this wide margin, we did not expect to find differences among the subgroups. But there appears to be some difference, with larger companies (20 or more employees) placing more importance on this issue. Among these employers, more than eight out of 10 think resolving the impasse is very important. Table 2: Nomination Impasse by No. of Firm Employees All Very Important 74% 72% 68% 79% Somewhat Important 19% 19% 23% 15% Not Very Important 5% 6% 3% 20% Not At All Important 3% 3% 3% 2% Total When it comes to the creation of a specialized business court which some advocates believe would improve the quality and consistency of business litigation in New Jersey, strong support was found. Seventy percent of those surveyed agree that such a court would improve the litigation process. Overall, 29 percent of these respondents strongly agree a business court would improve the current system. Confidential to NJLRA 10/29/2012 5

7 Table 3: Business Court Strongly Agree 29% Somewhat Agree 41% Somewhat Disagree 11% Strongly Disagree 10% Don't Know 9% Total 498 There were no significant differences found among the subgroups on this question. Confidential to NJLRA 10/29/2012 6

8 II. Need for Liability Reform Business leaders are divided over which branch of New Jersey s state government is most responsible for the ease in which people can bring lawsuits in the state. Thirty-three percent single out the Judiciary for blame, while nearly as many, 28 percent, feel the Legislative branch is responsible. Nine percent of respondents place the blame on more than one of the branches, while an equal percentage say none of the branches are to blame. Just 6 percent say the Executive branch is the most responsible. Table 4: Branch Responsible Judicial 33% Legislative 28% More than One 9% None 9% Executive 6% DK 14% Total 497 There is a slight trend that suggests the longer a company has been in business, the more likely its leaders are to place blame on the judicial branch. Also for those businesses who have been operating for fewer than six years, a greater percentage do not know who is to blame (26 percent) as compared to those in operation for longer durations. Table 5: Branch of Government Responsible by Time in Operations Years in Business All Over 20 Judicial 33% 28% 27% 30% 38% Legislative 28% 23% 38% 31% 26% More than One 9% 8% 3% 12% 9% None 9% 8% 9% 9% 10% Executive 6% 7% 12% 5% 5% DK 14% 26% 11% 13% 12% Total There also appear to be differences by region and sector as to which branch of New Jersey s government is most responsible for the ease in bringing lawsuits. Respondents from the northern urban counties blame the legislature over the judicial branch by a percent margin, while those from the Shore counties pick the judicial branch over the legislature percent. While the manufacturing sector appears to place the blame more squarely on the legislative branch (40 percent), caution must be used in interpreting these findings due to the very small N Confidential to NJLRA 10/29/2012 7

9 involved, at best this result is suggestive. Otherwise there are no substantive differences between sectors. Table 6: Branch of Government Most to Blame by & All Urban Surb Exurb Phil/So. Shore Service Retail Manuf Const Other Leg. 28% 35% 27% 32% 30% 23% 27% 29% 40% 25% 31% Exc. 6% 8% 8% 2% 3% 6% 4% 8% 10% 9% 9% Jud. 33% 25% 35% 31% 28% 39% 35% 32% 25% 31% 31% None 9% 6% 8% 16% 8% 8% 12% 6% 5% 13% 5% + One 9% 13% 9% 7% 8% 8% 10% 8% 5% 3% 9% DK 14% 13% 13% 12% 22% 15% 12% 17% 15% 19% 15% Total Asked how high a priority liability and lawsuit reforms should be for the legislature, 60 percent want reform to be a high priority, while only 8 percent believe it should be a low priority for lawmakers in Trenton. Table 7: Reform Priority High Priority 60% Medium Priority 32% Low Priority 8% Not At All 0% Total 491 Businesses which operate solely within the state of New Jersey appear to feel more strongly that lawsuit reform should be a high priority, with 61 percent of them answering in that manner, compared to only 53 percent of businesses which have some operations outside of New Jersey. Additionally, those in manufacturing (79 percent) and construction (69 percent) appear more likely when combined than other sectors to place more emphasis on making liability and lawsuit reform a high priority. Table 8: Reform Priority by Location & Type Ops Outside of NJ All No Yes Services Retail Manuf Const Other High 60% 61% 53% 56% 60% 79% 69% 62% Medium 32% 31% 36% 32% 34% 21% 28% 35% Low 8% 7% 11% 11% 5% 0% 3% 4% Not At All 0% 1% 0% 1% 1% 0% 0% 0% Total The question as to whether limits should be placed on the ability of non-residents to file lawsuits in New Jersey finds 27 percent are very supportive of the idea and 32 percent are somewhat Confidential to NJLRA 10/29/2012 8

10 supportive. Still, more than one-third of respondents (37 percent) are not supportive of limiting lawsuits by those living outside the state. Table 9: Limiting Lawsuits by Non-residents Very Supportive 27% Somewhat Supportive 32% Not Very Supportive 14% Not At All Supportive 23% DK 4% Total 485 Finally, when asked about the importance of enacting medical liability reform in order to keep physicians practicing medicine in New Jersey, an overwhelming majority of respondents believe the issue is very important (74 percent); another 19 percent believe it is somewhat important. Table 10: Importance of Medical Liability Reform Very Important 74% Somewhat Important 19% Not Very Important 3% Not At All Important 5% Total 491 Confidential to NJLRA 10/29/2012 9

11 III. High Profile Lawsuits Next, we asked business leaders about some recent lawsuits that have occurred in New Jersey. The first case involved an Ocean County resident who caused an accident after leaving a restaurant. His blood alcohol level was twice the legal limit and he was convicted of driving under the influence. The New Jersey Supreme Court allowed him to sue the restaurant where he was consuming alcohol for the injuries received from this accident. After hearing about the case, we then asked respondents about the fairness of the courts which allowed the lawsuit to proceed. About three-quarter of respondents (74 percent) thought it was unfair while 51 percent thought it was not at all fair. Only 26 percent thought it was fair. Table 11: Convicted Drunken Driver Lawsuit Very Fair 11% Somewhat Fair 15% Not Very Fair 23% Not At All Fair 51% Total 486 Among the subgroups, 82 percent of business leaders located in the Philadelphia/South Jersey area say it was not fair for the courts to allow the lawsuit to proceed. Table 12: Convicted Drunken Driver Lawsuit by All Urban Surb Exurb Phil/So. Shore Very Fair 11% 13% 13% 8% 7% 12% Somewhat Fair 15% 16% 13% 17% 12% 15% Not Very Fair 23% 20% 25% 20% 32% 20% Not At All Fair 51% 51% 49% 55% 50% 53% Total Among restaurant owners who responded to the survey (n=35), 60 percent said they were not likely to make changes to the way they run their business after hearing about the case while 37 percent they would make changes. Of course, 35 respondents is not enough to draw strong conclusions, but it does give some sense of the concern expressed by this sector of business. In another case, respondents were informed about a North Jersey man who nearly overdosed on drugs his friend stole from a pharmacy. He later filed a lawsuit against the pharmacy for failing to properly safeguard the pharmaceuticals from theft. The case was settled for several million dollars. Confidential to NJLRA 10/29/

12 After hearing about the lawsuit, respondents were then asked what impact they thought this case would have on the New Jersey s business community. Nearly nine out of ten respondents (86 percent) believe the suit will have a negative effect; 67 percent believe it will have a very negative impact. Table 13: Pharmacy Lawsuit Very Negative 67% Somewhat Negative 19% Not Very Negative 5% Not At All Negative 5% DK 4% Total 498 There also appears to be a dividing line between businesses in operation 10 years or less and those longer. Among those younger businesses, between 52 and 55 percent think it is very negative while at least 72 percent of businesses in operation for more than 10 years find the impact on the New Jersey business community very negative. Table 14: Pharmacy Lawsuit by Time in Business Years in Business All Over 20 Very Negative 67% 52% 55% 73% 72% Somewhat Negative 19% 33% 24% 16% 15% Not Very Negative 5% 5% 12% 3% 4% Not At All Negative 5% 8% 7% 5% 5% DK 4% 2% 1% 4% 4% Total Similarly, industries in the non-services and non-retail sectors find it very negative by about three-quarter of all its respondents. Generally speaking it is not surprising to find that 81 percent of all respondents say the business climate in New Jersey is made worse by how easy it is to sue businesses in the state. Sixty-two percent feel very strongly about this sentiment. Confidential to NJLRA 10/29/

13 IV. Direct Impact on Businesses & Outreach Efforts Lastly, we asked respondents whether or not their business has been threatened with a lawsuit over the last five years. In all, 22 percent (n=108) indicated they had. Among those threatened by litigation, 31 percent had been settled, 11 percent had been successfully litigated, and 2 percent had been unsuccessfully litigated. In just 22 percent of all threats was no lawsuit ever filed, suggesting that when a threat is made the odds are high that it will be followed through. At the same time, 78 percent of business leaders say their business has not been threatened with a lawsuit in the past five years. Table 15: Business Litigation Threats by Size & Yrs. in Operation Number of Employees Years in Business All Over 20 Yes 22% 13% 34% 44% 10% 27% 23% 24% No 78% 85% 66% 56% 90% 73% 77% 76% Total As displayed in Table 15, we see lawsuits and litigation have threatened businesses differently. Forty-four percent of employers with 20 or more employees have been threatened with litigation over the past five years as compared to 13 percent of companies with 2-9 employees. Similarly, businesses that have only been in operation for five years or less report fewer threats (10 percent) as compared to those companies who have been operating for longer. Table 16: Business Litigation Threats by & ALL CEO Director GM Mgr Urban Suburb Exurb Phil/South Shore Yes 22% 15% 30% 33% 49% 30% 22% 19% 23% 21% No 78% 85% 70% 67% 51% 70% 78% 81% 77% 79% Total al differences were also observed (see Table 16). Thirty percent of businesses located in the Urban region were threatened by litigation, as compared to 19 percent of businesses in the Exurban area. Almost half of all managers surveyed (49 percent) reported litigation threats while just 15 percent of CEOs report litigation threats. About a quarter of these cases (27 percent) are still ongoing. Among these pending cases, almost half (46 percent) have been ongoing for more than a year, 32 percent have been ingoing between six months and a year and 18 percent have been pending for less than six months. Confidential to NJLRA 10/29/

14 In terms of public outreach, we found almost a quarter of all respondents indicated they had contacted a member of the state legislature In New Jersey in the last year. Of this group, half indicated it was about a matter affecting their business. As the number of employees increased, there is a small trend increase from 24 percent to 31 percent of businesses who contacted a member of the NJ Legislature during the last year. Conversely, fewer businesses (18 percent) in companies operating for five years or less have reached out to legislators as compared to respondents in businesses that have been in operation longer. Table 17: Legislative Contact by Size & Yrs. in Operation Number of Employees Years in Business All Over 20 Yes 26% 24% 31% 31% 18% 23% 24% 28% No 74% 77% 70% 69% 82% 77% 76% 72% Total While the results for the manufacturing and construction service areas are only suggestive due to the small n size, there are real differences in the other sectors. Just 17 percent of employers in the retail sector have contacted their legislator as compared to the services sector. Table 18: Legislative Contact by Type Services Retail Manuf Construct Other Yes 31% 17% 16% 22% 30% No 69% 83% 84% 78% 70% Total Confidential to NJLRA 10/29/

15 SAMPLE DEMOGRAPHICS Demographic Percent N Demographic Percent N Yrs. In Business Services 52% % 61 Retail 27% % 67 Manufacturing 4% % 109 Construction 6% 32 Over 20 50% 251 Other 11% 55 Refused 2% 12 Total Total No. of Employees CEO 64% % 325 Director 17% % 60 General Manager 10% % 51 Manager 10% % 18 Total % 18 Operations In & Out of NJ Refused 6% 28 Yes 17% 84 Total No 81% 405 Refused 2% 11 Urban 13% 63 Total Suburb 37% 184 Gender Exurban 19% 94 Male 70% 350 Phil/South 12% 60 Female 30% 150 Shore 20% 99 Total Total Confidential to NJLRA 10/29/

16 EAGLETON CENTER FOR PUBLIC INTEREST POLLING Survey Questions: New Jersey Lawsuit Reform Alliance 2012 FINAL 9/10/12 [INTRODUCTION] Hello, my name is. I am calling from the Rutgers-Eagleton Poll to ask some questions about legal issues important to businesses throughout the state. I would like to talk to [INSERT NAME if available OR the owner or senior manager of your organization. ] [IF SENT TO SECRETARY/ASSISTANT] Hello, my name is. I am calling from the Rutgers-Eagleton Poll to ask some questions about legal issues important to businesses throughout the state. [IF NAME IS KNOWN] May I please speak to [INSERT NAME] to complete this short eight minute survey? [IF YES, CONTINUE WITH RESPONDENT] [IF NOT AVAILABLE, ASK]: Could I schedule an appointment to call back? [IF NO, ASK FOR VOIC OR LEAVE MESSAGE WITH ASSISTANT] [IF YES, SCHEDULE APPOINTMENT [IF NAME IS NOT KNOWN] What is the name of the person who would best know about legal issues facing your business? [WAIT FOR NAME] May I speak to Mr./Ms. [NAME]? [CONTINUE AS ABOVE] [IF SENT TO VOIC ] Hello, my name is. I am calling from the Rutgers-Eagleton Poll to ask some questions about legal issues that may be important to your business. This is a very short survey and the results will be used to help understand the New Jersey business climate. I am sorry I missed you. We will give you a call back soon and hope you will be able to complete this important survey. Thanks. [CONTINUE WITH RESPONDENT/CONSENT] Hello, my name is. I am calling from the Rutgers-Eagleton Poll to ask some questions about legal issues that may be important to your business. This is a short eight minute survey and the results will be used to help understand the New Jersey business climate. We are speaking to leaders in a random sample of 500 businesses throughout the state, so your responses will represent many other businesses as well as your own. Your answers will be confidential, and only reported in combination with other respondents, so your answers will not be made public in any way. Confidential to NJLRA 10/29/

17 Participation is voluntary, you may end your participation at any time, and you may skip questions you do not want to answer. May I ask the first question? [IF YES] Thanks! IF NECESSARY: We are not selling anything, not asking for money, and all your answers will be completely confidential. IF RESPONDENT DECLINES TO PARTICIPATE, POSSIBLE PROBES: --Your participation is very important because only 500 businesses have been randomly selected for this survey and your views will represent many companies like yours. IF NOT INTERESTED, DON'T WANT TO: -- Please help me; we could really use your cooperation and we are interested in what you think. IF ASKED WHO IS PAYING FOR SURVEY: -- This survey is being sponsored by the New Jersey Lawsuit Reform Alliance who has contracted with us to carry out the data collection. 0 NO 1 YES CONTINUE WITH Q1 IF NO: Is there a better time to talk with you about this? [ATTEMPT TO SCHEDULE] IF NO: Is there someone else in your organization I should talk to? [ASK TO BE TRANSFERRED, RETURN TO INTRO] BUSINESS IMPACTS BY COURTS First, let s talk about the court system in New Jersey. Q1 The New Jersey Supreme Court typically has seven justices. A dispute between Gov. Christie, who nominates justices, and the state senate, which votes on them, has resulted in several vacancies. How important do you think it is that Gov. Christie and the State Senate resolve their impasse in order to fill these vacancies? Is it: 72% Very important, 18% Somewhat important, 4% Not very important, or 3% Not at all important? 3% Don t Know N=499 Confidential to NJLRA 10/29/

18 Q2 Some business advocates believe that a specialized business court would improve the quality and consistency of business litigation in New Jersey. Do you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with this statement? [READ OPTIONS 1-4] 29% Strongly Agree 41% Somewhat Agree 11% Somewhat Disagree 10% Strongly Disagree 9% Don t Know N=498 Q3 How high a priority should it be for the New Jersey legislature to focus on liability and lawsuit reforms? Should it be a high priority, a medium priority, or a low priority? 59% High Priority 32% Medium Priority 8% Low Priority 1% Don't Know N=498 Q4 Which branch of state government is most responsible for the ease in which people can bring lawsuits in New Jersey? Is it: [READ OPTIONS [RANDOMIZE ORDER 1 through 3; READ 1-4] 28% The Legislative branch, 6% The Executive branch, led by the governor, 33% The Judicial branch, or 9% None of the branches? 9% More than one shares responsibility (Vol) 14% Don't Know N=497 HIGH PROFILE LAWSUITS Q5 Next, we would like to ask you about some recent lawsuits that have occurred in New Jersey. An Ocean County resident caused an accident after leaving a restaurant. His blood alcohol level was twice the legal limit and he was convicted of driving under the influence. The New Confidential to NJLRA 10/29/

19 Jersey Supreme Court allowed him to sue the restaurant where he was consuming alcohol for the injuries received from this accident. After hearing this, do you think it is very fair, somewhat fair, not very fair, or not at all fair that the courts allowed this lawsuit to proceed? 11% Very fair 14% Somewhat fair 23% Not very fair 50% Not at all fair 2% Don t Know N=497 [IF IN RESTAURANT INDUSTRY, ASK Q6. ALL OTHER RESPONDENTS, SKIP TO Q7.] Q6 After hearing this story, how likely are you to make changes to the way you run your business? Are you: [READ OPTIONS 1-4] 17% Very likely 20% Somewhat likely 17% Not very likely, or 43% Not at all likely? 3% Don t Know (vol) N=35 Q7 Last year, a North Jersey man nearly overdosed on drugs his friend stole from a pharmacy. He later filed a lawsuit against the pharmacy for failing to properly safeguard the pharmaceuticals from theft. The case was settled for several million dollars. What impact do you think this has on New Jersey s business community? Is it: [READ OPTIONS 1-4] 67% Very negative 19% Somewhat negative 5% Not very negative, or 5% Not at all negative? 4% Don t Know N=498 Q8. Generally speaking, is the business climate in New Jersey made worse by how easy it is to sue businesses in the state? Confidential to NJLRA 10/29/

20 81% Yes N=401 Q8A. How strongly do you feel about this? Is it very strongly or somewhat strongly. 62% Very Strongly 20% Somewhat Strongly N=494 Q9 If legislation was introduced to limit non-new Jersey residents ability to file lawsuits in New Jersey, would you be very supportive, somewhat supportive, not very supportive or not at all supportive? 27% Very supportive 32% Somewhat supportive 14% Not very supportive 23% Not at all supportive 4% Don t Know N=496 Q10 The New Jersey Council of Teaching Hospitals estimates that New Jersey will have a physician shortage totaling 3000 doctors by the end of the decade. In part, this shortage is attributed to the increased costs of maintaining liability insurance. How important do you think it is for the Legislature to enact liability reforms to help keep physicians practicing medicine in New Jersey? Is it: [READ OPTIONS 1-4] 73% Very important, 18% Somewhat important, 3% Not very important, or 4% Not at all important? 1% Don t Know (vol) N=495 Q11 Have you or your business been threatened with a lawsuit over the last five years? Please remember that all your answers are confidential. 22% Yes SKIP TO Q11 N=108 Confidential to NJLRA 10/29/

21 Q12 What was the outcome? Was the case: [READ OPTIONS 1-5] 31% Settled SKIP TO Q14 11% Successfully litigated SKIP TO Q14 2% Unsuccessfully Litigated SKIP TO Q14 27% Is the Case is still ongoing 22% Or was no lawsuit was ever filed? SKIP TO Q14 7% Don t Know (vol) SKIP TO Q14 N=107 Q13 About how long has the lawsuit been ongoing? Is it: 18% Less than 6 months, 32% Between 6 months and a year, or 46% More than a year? 4% Don't Know (Vol) N=28 PUBLIC OUTREACH Q14 In the last year, have you contacted a member of the state legislature in New Jersey? 26% Yes N=127 Q15 Was it about a matter affecting your business? 50% Yes SKIP TO Q16 N=63 DEMOGRAPHICS We re almost done, thanks for your help. I have just a couple more questions so we can properly analyze your answers. Q16 First, what is your position in your company? [OPEN ENDED; RECORD VERBATIM] Confidential to NJLRA 10/29/

22 Q17 How many employees does your company have, including yourself? 69% % % % % 100+ N=472 Q18 How long has your business been in operation? Is it 5 years or less, 6 to 10 years, 11 to 20 years, or longer? 13% % % % Over 20 N=488 Q19 Does your company have any business operations outside of New Jersey? 17% Yes N=84 Q20 [DO NOT ASK: RECORD RESPONDENT APPARENT GENDER] 70% Male 30% Female N=500 Confidential to NJLRA 10/29/

23 STATEWIDE BANNERS Q1 The New Jersey Supreme Court typically has seven justices. A dispute between Gov. Christie, who nominates justices, and the state senate, which votes on them, has resulted in several vacancies. How important do you think it is that Gov. Christie and the State Senate resolve their impasse in order to fill these vacancies? Gender Number of Employees Years in Business All Male Female Over 20 Very Important 74% 72% 79% 70% 68% 79% 62% 75% 76% 74% Somewhat Important 19% 19% 17% 19% 23% 15% 21% 18% 19% 19% Not Very Important 5% 6% 2% 6% 3% 2% 7% 3% 3% 5% Not At All Important 3% 3% 2% 3% 3% 2% 10% 3% 2% 2% Total Operations Outside NJ No Yes Urban Suburb Exurban Phil/South Shore Very Important 72% 79% 80% 77% 75% 69% 65% Somewhat Important 20% 16% 11% 15% 19% 24% 25% Not Very Important 5% 4% 3% 6% 2% 7% 4% Not At All Important 3% 1% 5% 2% 3% 0% 5% Total Services Retail Manuf Constr Other CEO Director GM Manager Very Important 74% 76% 75% 71% 69% 72% 75% 83% 78% Somewhat Important 19% 17% 25% 10% 24% 20% 15% 13% 20% Not Very Important 5% 2% 0% 10% 5% 5% 6% 2% 0% Not At All Important 2% 4% 0% 10% 2% 3% 4% 2% 2% Total Q2 Some business advocates believe that a specialized business court would improve the quality and consistency of business litigation in New Jersey. Do you strongly agree, somewhat agree, somewhat disagree, or strongly disagree with this statement? Gender Number of Employees Years in Business All Male Female Over 20 Strongly Agree 29% 29% 28% 27% 27% 31% 41% 34% 30% 23% Somewhat Agree 41% 39% 46% 41% 50% 41% 43% 37% 41% 43% Somewhat Disagree 11% 11% 11% 12% 10% 10% 2% 13% 11% 13% Strongly Disagree 10% 13% 3% 12% 7% 9% 8% 10% 9% 12% Don't Know 9% 7% 11% 8% 7% 8% 7% 4% 9% 9% Total Confidential to NJLRA 10/29/

24 Operations Outside NJ No Yes Urban Suburb Exurban Phil/South Shore Strongly Agree 28% 30% 29% 32% 22% 27% 30% Somewhat Agree 41% 43% 37% 45% 43% 41% 37% Somewhat Disagree 11% 8% 10% 7% 16% 17% 12% Strongly Disagree 10% 14% 16% 11% 5% 7% 13% Don't Know 9% 5% 10% 6% 14% 8% 8% Total Services Retail Manuf Constr Other CEO Director GM Manager Strongly Agree 26% 35% 30% 19% 29% 29% 30% 23% 32% Somewhat Agree 42% 38% 35% 38% 51% 41% 42% 44% 38% Somewhat Disagree 11% 12% 20% 9% 5% 11% 10% 8% 15% Strongly Disagree 12% 7% 5% 19% 9% 11% 8% 13% 6% Don't Know 9% 8% 10% 16% 5% 8% 11% 13% 9% Total Q3 How high a priority should it be for the New Jersey legislature to focus on liability and lawsuit reforms? Should it be a high priority, a medium priority, or a low priority? Gender Number of Employees Years in Business All Male Female Over 20 High Priority 60% 61% 57% 58% 62% 59% 48% 48% 67% 63% Medium Priority 32% 29% 39% 31% 37% 32% 48% 35% 26% 30% Low Priority 8% 9% 5% 9% 2% 7% 5% 17% 8% 6% Not At All 0% 1% 0% 1% 0% 0% 0% 0% 0% 1% Total Outside of NJ No Yes Urban Suburb Exurban Phil/South Shore High Priority 61% 53% 56% 56% 63% 59% 66% Medium Priority 31% 36% 32% 33% 32% 37% 28% Low Priority 7% 11% 11% 10% 5% 3% 6% Not At All 1% 0% 2% 1% 0% 0% 0% Total Confidential to NJLRA 10/29/

25 Services Retail Manuf Constr Other CEO Director GM Manager High Priority 56% 60% 79% 69% 62% 57% 65% 64% 66% Medium Priority 32% 34% 21% 28% 35% 34% 29% 30% 28% Low Priority 11% 5% 0% 3% 4% 9% 5% 6% 6% Not At All % 1% 0% 0% 0% % 1% 0% 0% Total Q4 Which branch of state government is most responsible for the ease in which people can bring lawsuits in New Jersey? Gender Number of Employees Years in Business All Male Female Over 20 Legislative 28% 32% 21% 28% 30% 33% 23% 38% 31% 26% Executive 6% 6% 5% 6% 0% 11% 7% 12% 5% 5% Judicial 33% 35% 28% 32% 35% 36% 28% 27% 30% 38% None 9% 7% 14% 11% 8% 7% 8% 9% 9% 10% More than One 9% 8% 11% 10% 5% 8% 8% 3% 12% 9% DK 14% 11% 22% 14% 22% 6% 26% 11% 13% 12% Total Outside of NJ No Yes Urban Suburb Exurban Phil/South Shore Legislative 27% 36% 35% 27% 32% 30% 23% Executive 6% 8% 8% 8% 2% 3% 6% Judicial 33% 38% 25% 35% 31% 28% 39% None 11% 1% 6% 8% 16% 8% 8% More than one 9% 8% 13% 9% 7% 8% 8% DK 15% 8% 13% 13% 12% 22% 15% Total Services Retail Manuf Constr Other CEO Director GM Manager Legislative 27% 29% 40% 25% 31% 26% 36% 25% 36% Executive 4% 8% 10% 9% 9% 5% 7% 6% 11% Judicial 35% 32% 25% 31% 31% 35% 25% 35% 30% None 12% 6% 5% 13% 5% 9% 10% 13% 9% More than one 10% 8% 5% 3% 9% 10% 8% 4% 9% DK 12% 17% 15% 19% 15% 15% 14% 17% 6% Total Confidential to NJLRA 10/29/

26 Q5 Next, we would like to ask you about some recent lawsuits that have occurred in New Jersey. An Ocean County resident caused an accident after leaving a restaurant. His blood alcohol level was twice the legal limit and he was convicted of driving under the influence. The New Jersey Supreme Court allowed him to sue the restaurant where he was consuming alcohol for the injuries received from this accident. After hearing this, do you think it is very fair, somewhat fair, not very fair, or not at all fair that the courts allowed this lawsuit to proceed? Gender Number of Employees Years in Business All Male Female Over 20 Very Fair 11% 14% 5% 11% 8% 13% 10% 6% 15% 10% Somewhat Fair 15% 13% 18% 16% 2% 19% 15% 19% 9% 16% Not Very Fair 23% 24% 21% 25% 27% 17% 25% 23% 28% 21% Not At All Fair 51% 49% 56% 49% 63% 52% 51% 52% 48% 53% Total Outside of NJ No Yes Urban Suburb Exurban Phil/South Shore Very Fair 11% 10% 13% 13% 8% 7% 12% Somewhat Fair 14% 17% 16% 13% 17% 12% 15% Not Very Fair 23% 25% 20% 25% 20% 32% 20% Not At All Fair 52% 48% 51% 49% 55% 50% 53% Total Services Retail Manuf Constr Other CEO Director GM Manager Very Fair 12% 9% 0% 13% 15% 12% 12% 4% 13% Somewhat Fair 17% 14% 16% 16% 6% 15% 16% 15% 9% Not Very Fair 23% 23% 32% 22% 20% 25% 18% 27% 15% Not At All Fair 48% 54% 53% 50% 59% 48% 54% 54% 64% Total Confidential to NJLRA 10/29/

27 Q6 After hearing this story, how likely are you to make changes to the way you run your business? (ASKED ONLY OF RESTAURANT OWNERS) Gender Number of Employees Years in Business All Male Female Over 20 Very Likely 18% 21% 0% 17% 40% 10% 20% 0% 0% 25% Somewhat Likely 21% 18% 33% 17% 20% 30% 13% 0% 33% 33% Not Very Likely 18% 18% 17% 11% 20% 30% 20% 25% 0% 17% Not At All Likely 44% 43% 50% 56% 20% 30% 47% 75% 67% 25% Total Outside of NJ No Yes Urban Suburb Exurban Phil/South Shore Very Likely 19% 0% 40% 29% 0% 0% 0% Somewhat Likely 22% 0% 0% 21% 57% 0% 0% Not Very Likely 13% 100% 20% 21% 0% 25% 25% Not At All Likely 47% 0% 40% 29% 43% 75% 75% Total Services Retail Manuf Constr Other CEO Director GM Manager Very Likely 0% 18% 0% 0% 0% 21% 33% 17% 9% Somewhat Likely 0% 21% 0% 0% 0% 7% 67% 0% 36% Not Very Likely 0% 18% 0% 0% 0% 7% 0% 33% 27% Not At All Likely 0% 44% 0% 0% 0% 64% 0% 50% 27% Total Q7 Last year, a North Jersey man nearly overdosed on drugs his friend stole from a pharmacy. He later filed a lawsuit against the pharmacy for failing to properly safeguard the pharmaceuticals from theft. The case was settled for several million dollars. What impact do you think this has on New Jersey s business community? Gender Number of Employees Years in Business All Male Female Over 20 Very Negative 67% 66% 68% 68% 68% 64% 52% 55% 73% 72% Somewhat Negative 19% 18% 20% 17% 22% 22% 33% 24% 16% 15% Not Very Negative 5% 5% 5% 6% 3% 6% 5% 12% 3% 4% Not At All Negative 5% 7% 2% 5% 7% 6% 8% 7% 5% 5% DK 4% 3% 4% 4% 0% 2% 2% 1% 4% 4% Total Confidential to NJLRA 10/29/

28 Outside of NJ No Yes Urban Suburb Exurban Phil/South Shore Very Negative 67% 71% 66% 65% 67% 77% 66% Somewhat Negative 19% 18% 21% 18% 22% 13% 18% Not Very Negative 5% 5% 3% 4% 7% 3% 7% Not At All Negative 6% 4% 8% 8% 0% 3% 5% DK 4% 2% 2% 5% 3% 3% 3% Total Services Retail Manuf Constr Other CEO Director GM Manager Very Negative 63% 68% 75% 75% 76% 65% 67% 71% 79% Somewhat Negative 21% 18% 15% 19% 11% 19% 21% 23% 11% Not Very Negative 8% 2% 0% 0% 2% 6% 2% 0% 6% Not At All Negative 5% 8% 0% 3% 7% 6% 6% 6% 2% DK 3% 4% 10% 3% 4% 4% 4% 0% 2% Total Q8. Generally speaking, is the business climate in New Jersey made worse by how easy it is to sue businesses in the state? Gender Number of Employees Years in Business All Male Female Over 20 No 16% 17% 15% 18% 12% 12% 16% 16% 17% 15% Yes 84% 83% 85% 82% 88% 88% 84% 84% 83% 85% Total Outside of NJ No Yes Urban Suburb Exurban Phil/South Shore No 15% 17% 19% 19% 12% 10% 17% Yes 85% 83% 81% 81% 88% 90% 83% Total Services Retail Manuf Constr Other CEO Director GM Manager No 20% 14% 0% 13% 13% 20% 9% 13% 4% Yes 80% 86% 100% 87% 87% 80% 91% 87% 96% Total Confidential to NJLRA 10/29/

29 Q8A. How strongly do you feel about this? Is it very strongly or somewhat strongly. Gender Number of Employees Years in Business Male Female Over 20 Strongly Worse 64% 64% 65% 61% 76% 67% 59% 56% 68% 68% Somewhat Strongly Worse 21% 20% 22% 22% 12% 22% 26% 30% 15% 19% Somewhat Strongly Not Worse 8% 8% 7% 9% 8% 1% 9% 10% 10% 7% Strongly Not Worse 7% 8% 6% 8% 3% 9% 7% 5% 8% 7% Total Outside of NJ No Yes Urban Suburb Exurban Phil/South Shore Strongly Worse 66% 57% 65% 62% 60% 72% 67% Somewhat Strongly Worse 19% 26% 18% 19% 29% 19% 17% Somewhat Strongly Not Worse 8% 9% 11% 9% 7% 5% 8% Strongly Not Worse 6% 9% 5% 10% 4% 3% 7% Total Service s Retail Manuf Constr Other CEO Director GM Manager Strongly Worse 61% 66% 63% 87% 66% 60% 71% 73% 74% Somewhat Strongly Worse 21% 21% 37% 3% 21% 21% 21% 16% 21% Somewhat Strongly Not Worse 9% 8% 0% 3% 9% 10% 4% 9% 2% Strongly Not Worse 9% 6% 0% 7% 4% 9% 5% 2% 2% Total Q9 If legislation was introduced to limit non-new Jersey residents ability to file lawsuits in New Jersey, would you be very supportive, somewhat supportive, not very supportive or not at all supportive? Gender Number of Employees Years in Business All Male Female Over 20 Very Supportive 27% 27% 28% 25% 28% 32% 21% 15% 30% 30% Somewhat Supportive 32% 30% 34% 31% 33% 29% 39% 35% 29% 29% Not Very Supportive 14% 15% 11% 15% 10% 13% 20% 18% 15% 11% Not At All Supportive 23% 23% 23% 24% 22% 23% 15% 32% 20% 24% DK 4% 5% 4% 5% 7% 3% 5% 0% 6% 5% Total Confidential to NJLRA 10/29/

30 Outside of NJ No Yes Urban Suburb Exurban Phil/South Shore Very Supportive 26% 30% 23% 29% 24% 35% 26% Somewhat Supportive 33% 26% 27% 31% 32% 33% 33% Not Very Supportive 14% 13% 21% 13% 15% 8% 12% Not At All Supportive 23% 24% 24% 24% 22% 20% 22% DK 4% 7% 5% 2% 6% 3% 7% Total Services Retail Manuf Const Other CEO Director GM Manager Very Supportive 28% 26% 35% 31% 30% 27% 27% 29% 28% Somewhat Supportive 26% 37% 40% 41% 30% 30% 37% 27% 38% Not Very Supportive 12% 15% 10% 6% 22% 14% 13% 19% 9% Not At All Supportive 29% 18% 15% 16% 11% 25% 20% 21% 19% DK 5% 5% 0% 6% 7% 5% 2% 4% 6% Total Q10 The New Jersey Council of Teaching Hospitals estimates that New Jersey will have a physician shortage totaling 3000 doctors by the end of the decade. In part, this shortage is attributed to the increased costs of maintaining liability insurance. How important do you think it is for the Legislature to enact liability reforms to help keep physicians practicing medicine in New Jersey? Gender Number of Employees Years in Business All Male Female Over 20 Very Important 74% 73% 76% 74% 80% 72% 77% 66% 73% 76% Somewhat Important 19% 19% 18% 18% 15% 19% 16% 26% 21% 15% Not Very Important 3% 4% 1% 3% 2% 5% 2% 2% 2% 4% Not At All Important 5% 5% 4% 5% 3% 5% 5% 6% 4% 4% Total Outside of NJ No Yes Urban Suburb Exurban Phil/South Shore Very Important 74% 74% 70% 74% 73% 85% 71% Somewhat Important 19% 15% 16% 18% 20% 12% 24% Not Very Important 3% 5% 7% 3% 4% 0% 2% Not At All Important 4% 6% 7% 6% 3% 3% 2% Total Services Retail Manufacturing Construction Other CEO Director GM Manager Very Important 69% 80% 84% 88% 74% 71% 77% 75% 83% Somewhat Important 20% 16% 16% 9% 22% 20% 17% 17% 17% Not Very Important 5% 2% 0% 0% 4% 4% 4% 2% 0% Not At All Important 6% 3% 0% 3% 0% 5% 2% 6% 0% Total Confidential to NJLRA 10/29/

31 Q11 Have you or your business been threatened with a lawsuit over the last five years? Please remember that all your answers are confidential. Gender Number of Employees Years in Business All Male Female Over 20 No 78% 77% 79% 85% 66% 56% 90% 73% 77% 76% Yes 22% 23% 21% 15% 34% 44% 10% 27% 23% 24% Total Outside of NJ No Yes Urban Suburb Exurban Phil/South Shore No 79% 70% 70% 78% 81% 77% 79% Yes 21% 30% 30% 22% 19% 23% 21% Total Services Retail Manuf Constr Other CEO Director GM Manager No 78% 86% 85% 48% 72% 85% 70% 67% 51% Yes 22% 14% 15% 52% 28% 15% 30% 33% 49% Total Q12 What was the outcome? Gender Number of Employees Years in Business All Male Female Over 20 Settled 31% 32% 27% 30% 25% 33% 17% 39% 25% 32% Successfully Litigated 11% 12% 10% 6% 10% 19% 50% 0% 8% 12% Unsuccessfully Litigated 2% 3% 0% 4% 0% 0% 0% 0% 4% 2% Ongoing 27% 26% 30% 26% 30% 28% 17% 11% 33% 31% No Lawsuit 22% 23% 20% 32% 20% 11% 17% 39% 25% 17% DK 7% 4% 13% 2% 15% 8% 0% 11% 4% 7% Total Outside of NJ No Yes Urban Suburb Exurban Phil/South Shore Settled 32% 28% 33% 28% 28% 46% 26% Successfully Litigated 9% 20% 11% 10% 17% 8% 11% Unsuccessfully Litigated 2% 0% 0% 3% 6% 0% 0% Ongoing 26% 32% 33% 23% 28% 23% 32% No Lawsuit 24% 16% 17% 31% 17% 8% 26% DK 7% 4% 6% 5% 6% 15% 5% Total Confidential to NJLRA 10/29/

32 Services Retail Manuf Constr Other CEO Director GM Manager Settled 28% 29% 67% 20% 47% 24% 33% 40% 36% Successfully Litigated 11% 6% 0% 13% 20% 15% 8% 7% 9% Unsuccessfully Litigated 0% 0% 0% 13% 0% 4% 0% 0% 0% Ongoing 23% 29% 0% 53% 20% 22% 33% 40% 23% No Lawsuit 30% 24% 33% 0% 13% 26% 25% 13% 18% DK 9% 12% 0% 0% 0% 9% 0% 0% 14% Total Q13 About how long has the lawsuit been ongoing? Is it: Gender Number of Employees Years in Business All Male Female Over 20 Less than 6 Months 19% 25% 0% 27% 33% 0% 100% 0% 29% 12% 6 Months and Year 33% 25% 57% 36% 33% 30% 0% 100% 29% 29% More Than a Year 48% 50% 43% 36% 33% 70% 0% 0% 43% 59% Total Outside of NJ No Yes Urban Suburb Exurban Phil/South Shore Less than 6 Months 20% 14% 0% 25% 0% 33% 33% 6 Months and Year 45% 0% 20% 38% 60% 33% 17% More Than a Year 35% 86% 80% 38% 40% 33% 50% Total Services Retail Manuf Constr Other CEO Director GM Manager Less than 6 Months 8% 50% 0% 13% 33% 38% 25% 0% 0% 6 Months and Year 42% 0% 0% 38% 33% 25% 13% 67% 40% More Than a Year 50% 50% 0% 50% 33% 38% 63% 33% 60% Total Q14 In the last year, have you contacted a member of the state legislature in New Jersey? All Gender Number of Employees Years in Business Male Female Over 20 No 74% 73% 78% 77% 70% 69% 82% 77% 76% 72% Yes 26% 27% 22% 24% 31% 31% 18% 23% 24% 28% Total Confidential to NJLRA 10/29/

33 Outside of NJ No Yes Urban Suburb Exurban Phil/South Shore No 75% 75% 79% 74% 73% 76% 71% Yes 25% 25% 21% 26% 27% 24% 29% Total Services Retail Manuf Constr Other CEO Director GM Manager No 69% 83% 84% 78% 70% 75% 74% 79% 66% Yes 31% 17% 16% 22% 30% 25% 26% 21% 34% Total Q15 Was it about a matter affecting your business? Gender Number of Employees Years in Business All Over Male Female No 49% 47% 53% 51% 56% 35% 55% 40% 56% 45% Yes 51% 53% 47% 49% 44% 65% 45% 60% 44% 55% Total Outside of NJ No Yes Urban Suburb Exurban Phil/South Shore No 47% 50% 31% 50% 52% 50% 52% Yes 53% 50% 69% 50% 48% 50% 48% Total Services Retail Manuf Constr Other CEO Director GM Manager No 55% 43% 33% 43% 33% 53% 50% 44% 31% Yes 45% 57% 67% 57% 67% 47% 50% 56% 69% Total Confidential to NJLRA 10/29/

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