Normally, when the Appellate Division perceives that a purported appeal as of right, which must be from a final judgment, is in fact an interlocutory appeal from a non-final judgment,...
Rymarkiewicz v. UMDNJ, ___ N.J. Super. ___ (App. Div. 2013). Our courts, especially the appellate courts, bend over backwards to avoid dismissing cases for a party's failure to make discovery....
Onyx Leasing Systems, Inc. v. Stevens, 2012 N.J. Super. Unpubl. LEXIS 2830 (App. Div. Dec. 28, 2012). Amercement is a cause of action that, according to the per curiam opinion in...
Bellevue Drug Co. v. Caremark SPCS, 700 F.3d 109 (3d Cir. 2012). This was an antitrust class action. Plaintiffs, who are retail pharmacy businesses, and defendant, who is a prescription benefits manager for...
Cornett v. Johnson & Johnson, 211 N.J. 362 (2012). This is a long-awaited decision in the tort/medical device realm, involving as it does the issues of choice of law for statute...
Selective Ins. Co. v. Hudson East Pain Management, 210 N.J. 597 (2012). Defendants provided medical treatment to patients who had personal injury protection ("PIP") insurance through plaintiff ("Selective"). The patients assigned their right to...
On this date in 1980, a unanimous Supreme Court decided Lepis v. Lepis, 83 N.J. 139 (1980). In an opinion by Justice Pashman, the Court addressed "the standards and procedures for...
In re Pelvic Mesh-Gynecare Litig., 426 N.J. Super. 167 (App. Div. 2012). In this mass tort matter involving medical devices that are used to treat pelvic organ prolapse and stress urinary incontinence, the...
Zehl v. Elizabeth Bd. of Educ., 426 N.J. Super. 129 (App. Div. 2012). Rule 4:41 allows a court to appoint a discovery master to deal with discovery issues "only upon approval by...
O'Boyle v. Borough of Longport, 426 N.J. Super. 1 (App. Div. 2012). This is yet another Open Public Records Act ("OPRA") case. Plaintiff was a frequent antagonist of the defendant Borough, hostility...
