Mass Tort Defendants May Retain as Experts Doctors Who Treated Patient-Plaintiffs, But Those Doctors Cannot be Involved in the Cases of Those Same Patient-Plaintiffs

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 Law Division barred defendants from using as an expert witness ...

Electronic Filing is Coming! Electronic Filing is Coming! (In the Appellate Division)

The Third Circuit Court of Appeals and the United States District Court for the District of New Jersey have each had electronic filing for a number of years.  Now, the Appellate Division is moving toward electronic filing as well.  At ...

A Class Action Settlement Class is Reversed for Lack of Adequate Representation, But the Third Circuit Explains How to Cure the Problem

Dewey v. Volkswagen, A.G., 681 F.3d 170 (3d Cir. 2012).  This class action case involved allegations that Volkswagen vehicles had defective sunroofs that allowed water to infiltrate into the interior of the vehicles.  The parties reached a settlement that created two categories of ...

Conflicting Dictionaries II

Taniguchi v. Kan Pacific Saipan, Ltd., 132 S.Ct. 1997 (2012).  About seventeen months ago, the Appellate Division had a personal injury protection (PIP) case, Perez v. Farmers Mutual Fire Ins. Co., 417 N.J. Super. 403 (App. Div. 2011), discussed here, that turned in part on ...

“The Song Remains the Same”: There’s No Automatic Right to Appeal an Interlocutory Order, and Improper Appeals Will be Dismissed

House of Fire Christian Church v. Clifton Bd. of Adj., 426 N.J. Super. 157 (App. Div. 2012).  The Appellate Division has repeatedly admonished parties, attorneys, and trial level judges that it is improper to certify as final, under Rule 4:42-2, an order that is purely ...

Senate Judiciary Committee Rejects Nomination of Bruce Harris to the Supreme Court

After a lengthy hearing today, the Senate Judiciary Committee voted to reject the nomination of Bruce Harris, the Republican Mayor of Chatham Borough , to a seat on the Supreme Court.  The vote was 7-6.  All Committee Republicans and Senator Brian Stack ...

Discovery Masters

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 the Assignment Judge, and then only when all parties consent ...

A Perplexing Exercise in Interpreting an Administrative Regulation

US Bank, N.A. v. Hough, 210 N.J. 187 (2012).  There seems to be infinite room for judges, or Justices, to disagree about how to interpret statutes or regulations.  Sometimes, there are differences even where the administrative agency that promulgated the regulations has weighed in. In ...

Wrongful Death Act Claim for Estate Tax Impact of Premature Death May Go Forward

Beim v. Hulfish, 427 N.J. Super. 560 (App. Div. 2012).  The first paragraph of this very interesting opinion by Judge Harris, in an auto accident case, well encapsulates the novel issue presented: “This appeal arises in connection with the Wrongful Death Act, ...

The Supreme Court Corrects Itself

W.J.A. v. D.A., 210 N.J. 229 (2012).  On May 16, the Supreme Court issued its per curiam decision in this case, as discussed here.  On May 21, without comment, the Court issued a corrected opinion.  The difference appears to be that the ...