Wiggins v. Hackensack Meridian Health, ___ N.J. ___ (2025). This medical malpractice wrongful death appeal arose under the Affidavit of Merit ("AOM") statute, N.J.S.A. 2A:53A-26 et seq., and the Patients First Act, N.J.S.A. 2A:53A-41. Those statutes, whose history Justice Fasciale laid out in detail, require, in short, that a malpractice plaintiff provide an affidavit of merit from an expert who specializes in the same "specialty or subspecialty" as the defendant doctor if that doctor has a specialty....
On this date in 2004, the Supreme Court decided Smith v. SBC Communications, Inc., 178 N.J. 265 (2004). The case was a putative Consumer Fraud Act ("CFA") and breach of contract class action against Southern New England Telephone Company ("SNET") and BJ's Wholesale Club, Inc. Plaintiff alleged that defendants falsely advertised that prepaid calling cards purchased at BJ's would yield substantially more calling time than plaintiff actually received....
On Wednesday, January 22, a panel of Part E will hear oral argument in Atlantic ER Physicians Team Pediatrics Associates, P.A. v. UnitedHealth Group, Inc. The issue is one involving discovery of electronically stored information ("ESI"). In the 21st century, ESI has become a fixture in complex litigation, and sometimes in non-complex cases as well....
Brehme v. Irwin, 259 N.J.505 (2025). One might intuitively think that a plaintiff who accepts full payment of a civil judgment for damages from an auto accident including pain and suffering, disability, impairment, loss of enjoyment of life, and past lost wages, and signs a warrant to satisfy judgment cannot then an appeal a ruling on a motion in limine that barred evidence of future medical expenses....
With the coming of the new year, this blog went onto a new platform. That fact, along with a Supreme Court oral argument and a Committee on Character hearing last week, has left this blog behind as 2025 begins. Our appellate courts, however, have been active. Here are summaries of their January 2025 published opinions to date:...
Hoboken for Responsible Cannabis, Inc. v. City of Hoboken Planning Bd., 480 N.J. Super. 357 (App. Div. 2024). This land use decision, written by Judge Firko, is the final published...
No one can say that in the days before Christmas, "not a creature was stirring" in our appellate courts. The Supreme Court issued one decision and the Appellate Division published...
The Supreme Court announced that it has granted certification in four new matters. All of those involve unpublished opinions of the Appellate Division. In State v. Taylor, the question presented...
Rodriguez v. Shelbourne Spring, LLC, ___ N.J. ___ (2024). The first signed opinion of the current Term was by Justice Fasciale. The Court addressed issues relating to whether Hartford Underwriters...
As announced today, Joseph Orlando, who has been the Clerk of the Appellate Division for 15 years, and has served the judiciary for 24 years in total, will be retiring...
