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 a discovery issue.  It was an even more rare result, since the panel ordered that documents otherwise protected by privilege be disclosed as a sanction for attorney misconduct.

This was a breach of construction contract case involving the alleged failure of Rutgers University to pay plaintiff on a multi-million dollar change

Noren v. Heartland Payment Systems, Inc., ___ N.J. Super. ___ (App. Div. 2017).  In Abbamont v. Piscataway Tp. Bd. of Educ., 238 N.J. Super. 603 (App. Div. 1990), aff’d, 138 N.J. 405 (1994), the Appellate Division ruled that there was no right to a jury trial under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14 (“CEPA”).  Thereafter, the Legislature amended CEPA to provide expressly that “a jury trial shall b

DeGarmeaux v. DNV Concepts, Inc., ___ N.J. Super. ___ (App. Div. 2016).  As Judge Manahan stated in his opinion for the Appellate Division in this case, “[t]he issue of reasonbleness of counsel fees has been the subject of numerous decisions.”  This opinion addressed what the panel viewed as an issue of first impression:  “whether prevailing plaintiffs in a Consumer Fraud Act (CFA) action are entitled to attorney’s fees incurred in defense of a counterc