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

Serico v. Rothberg, 448 N.J. Super. 604 (App. Div. 2017).  In this medical malpractice case, plaintiff and defendant entered into a “high-low” agreement while awaiting a jury verdict.  As Judge Rothstadt noted in his opinion in this case today, such an agreement “guarantees a plaintiff a minimum recovery and limits a defendant’s exposure to an agreed upon amount, regardless of the jury’s award, if any.”  The low was $300,000 and the high was $1 million.

Noren v. Heartland Payment Systems, Inc., 448 N.J. Super. 486 (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