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