Stop & Shop Supermarket Co., LLC v. County of Bergen, ___ N.J. Super. ___ (App. Div. 2017).  The Open Public Records Act, N.J.S.A. 47:1A-1 to -13 (“OPRA”), permits suits for access to public records covered by OPRA.  A successful OPRA litigant is entitled to attorneys’ fees.  But can an OPRA plaintiff sue and get fees if suit is not filed until after requested documents have already been made available?  That was the question in this ca

The Supreme Court announced late yesterday that it has granted certification in three more cases.  In the first matter, Serico v. Rothberg, the question presented, as phrased by the Supreme Court Clerk’s office, is “Did plaintiff waive her right to pursue attorney’s fees, pursuant to the offer of judgment rule (R. 4:58-1 to -6), by entering into a high-low agreement without expressly reserving her right to recover fees?”  The opinion of the Appellate Division, which was discussed

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