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, ___ N.J. ___ (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., ___ N.J. Super. ____ (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 All of those involve unpublished opinions of the Appellate Division.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...
In the Matter of A.D., an Alleged Incapacitated Person, ___ N.J. ___ (2024). This case was an appeal from a decision of the Appellate Division, discussed here, that the Office...
Tomorrow, December 10, judges on Part E will hear oral argument in In re Tom Malinowski, Petition for Nomination for General Election, November 8, 2022, for United States House of...