Thabo v. Z Transportation, ___ N.J. Super. ___ (App. Div. 2017).  Under Rule 4:23-5, failure to make discovery can, in certain circumstances, result in dismissal of a complaint with prejudice.  But Rule 4:23-5 contains “strict notice requirements”  that embody “due process protections,” as Judge Fuentes said in his opinion today in this appeal.  In this breach of contract case, where the Law Division granted dismissal with prejudice, the panel criticized cou

Capital Health System, Inc. v. Horizon Healthcare Services, Inc., ___ N.J. ___ (2017).  These two consolidated cases involved rulings on discovery disputes, a subject that rarely reaches the Supreme Court.  Four Justices did not participate, so the Court deciding this case consisted of Chief Justice Rabner, Justices LaVecchia and Albin, and Judges Fuentes and Fisher.  Judge Fisher wrote the opinion of the Court.

Defendant Horizon is New Je

The Supreme Court announced this morning that it has granted review in four more cases.  Two of them address discovery issues, and two involve criminal matters.

In Brugaletta v. Garcia, the question presented, as phrased by the Supreme Court Clerk’s Office, is “Does the absolute privilege of documents developed as part of a hospital’s self-critical analysis, pursuant to the Patient Safety Act (the Act), N.J.S.A. 26:2H-12.23 to -12.25, apply to the documents at issue in this medical malpractice action?”  The Law Division ordered partial disclosure of