Mernick v. McCutchen, 442 N.J. Super. 196 (App. Div. 2015). This appeal presented a discovery issue in an auto accident case. Defendants had taken surveillance video of the injured plaintiff. Plaintiff demanded that the video be produced in discovery before ...
Wacker-Ciocco v. Gov’t Employees Ins. Co., 439 N.J. Super. 603 (App. Div. 2015). In Procopio v. Gov’t Employees Ins. Co., 433 N.J. Super. 377 (App. Div. 2013), discussed here, the Appellate Division ruled that it was an abuse of discretion ...
Shelton v. Bledsoe, 775 F.3d 554 (3d Cir. 2015). In Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013), a damages class action under Federal Rule of Civil Procedure Rule 23(b)(3), the Third Circuit manufactured a wholly new and onerous requirement ...
O’Boyle v. Borough of Longport, 218 N.J. 168 (2014). The “common interest” doctrine permits multiple parties, who are represented by different counsel, to share information without destroying attorney-client privilege. The question in this case was whether the common interest rule ...
Traetto v. Palazzo, 436 N.J. Super. 6 (App. Div. 2014). Plaintiff sought to enjoin defendants, her next-door neighbors, from allowing their son to play the drums in defendants’ detached garage. Pleading a common law nuisance claim, plaintiff’s Verified Complaint alleged ...
Procopio v. Gov’t Employees Ins. Co., 433 N.J. Super. 377 (App. Div. 2013). As Judge Parrillo stated in today’s opinion, rulings of trial level judges on discovery matters, and on whether to sever some claims from others, are both discretion calls. In ...
Suser v. Wachovia Mortgage, FSB, 433 N.J. Super. 317 (App. Div. 2013). Though also embodied in N.J.S.A. 2A:62-1, an action to quiet title is a classic equitable remedy that allows an owner of property to “clear up all doubts and ...
Hedden v. Kean University, 434 N.J. Super. 1 (App. Div. 2013). This interlocutory appeal, which resulted in a 2-1 decision by the Appellate Division, involved issues of attorney-client privilege. In an opinion by Judge Parrillo, joined by Judge Harris, the majority reversed ...
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. This decision by Judge Fasciale, however, involved plaintiff’s egregious and ...
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 insurance benefits to defendants so that defendants could get paid ...