Doe v. Rutgers, the State University of New Jersey, ___ N.J. Super. ___ (App. Div. 2021). Today, the Appellate Division, speaking through Judge Sumners, issued a decision under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (“OPRA”). Plaintiff, formerly a student at the university’s Graduate School of Business, made several OPRA requests. The first of those requests included, but went well beyond, plaintiff’s own student records. A second request sought copies of specific Rutgers administrators’ and faculty members’ disclosable employment records....

Delaney v. Dickey, ___ N.J. ___ (2020). Justice Albin’s opinion for a unanimous Supreme Court in this case today is an important one for attorneys and their clients. The Court held that if an attorney includes in a retainer agreement a provision that legal malpractice claims must proceed in arbitration rather than in court, the attorney “must generally explain to a client the benefits and disadvantages of arbitrating a prospective dispute between the attorney and client. Such an explanation is necessary because, to make an informed decision, the client must have a basic...

Zahl v. Eastland, ___ N.J. Super. ___ (App. Div. 2020). [Disclosure: I have represented the defendants in this matter.] Judge Messano’s opinion for the Appellate Division in this case today is the second time that this case came before the Appellate Division. As discussed here, the prior opinion reversed a seven-figure default judgment against defendants, a Mississippi attorney and his law firm, and remanded the case for further proceedings, including as to whether New Jersey state courts had personal jurisdiction over any of the defendants. Today’s opinion addresses an important...