Thabo v. Z Transportation, 452 N.J. Super. 359 (App. Div. 2017). Under Rule 4:23-5, failure to make discovery can, in certain circumstances, result in dismissal of a complaint with prejudice. But Rule 4:23-5 contains “strict notice requirements” that embody “due ...
Capital Health System, Inc. v. Horizon Healthcare Services, Inc., 230 N.J. 73 (2017). These two consolidated cases involved rulings on discovery disputes, a subject that rarely reaches the Supreme Court. Four Justices did not participate, so the Court deciding this ...
The Supreme Court announced this morning that it has granted review in four more cases. Two of them address discovery issues, and two involve criminal matters. In Brugaletta v. Garcia, the question presented, as phrased by the Supreme Court Clerk’s ...
The Supreme Court announced that it has granted review in Saint Peter’s University Hospital, Inc. v. Horizon Healthcare Services, Inc. That case, and related litigation involving hospitals and Horizon, has gotten much publicity in the press. The question presented, as ...
On this date in 2003, the Appellate Division decided Seacoast Builders Corp. v. Rutgers, 358 N.J. Super. 524 (App. Div. 2003). This was a relatively rare case in which the Appellate Division exercised original jurisdiction under Rule 2:10-5 to decide ...
The Supreme Court announced that it has granted review in three more cases. In Granata v. Broderick, the question presented, as phrased by the Supreme Court Clerk’s Office, is “Among other issues, can an attorney’s pledge of anticipated counsel fees ...
North Jersey Media Group Inc. v. United States, 836 F.3d 421 (3d Cir. 2016). The 2013 closure of lanes at the George Washington Bridge, which led to extraordinary traffic backups in Fort Lee, has taken on the label of “Bridgegate” ...
Williams v. American Auto Logistics, 226 N.J. 117 (2016). Parties who fail to follow procedural rules are a source of frustration to busy trial judges. As Justice Fernandez-Vina noted in today’s opinion for a unanimous Supreme Court, courts have “a ...
Castello v. Wohler, 446 N.J. Super. 1 (App. Div. 2016). In Medina v. Pitta, 442 N.J. Super. 1 (App. Div. 2015), discussed here, the Appellate Division ruled that a physician who was retired at the time of the occurrence that ...
Torres v. Pabon, 225 N.J. 167 (2016). As Justice Patterson explained in her decision today for a unanimous Supreme Court, “cumulative error” exists when “the aggregate effect of a series of errors” deprives a party of a fair trial. In ...