New Jersey Department of Children & Families v. E.L., ___ N.J. Super. ___ (App. Div. 2018).  Courts often give public entity parties more leeway in complying with rules, court orders, and the like than private parties are given.  Sometimes Court Rules themselves give preference to public agencies, as is so, for example, of Rule 2:9-6(b), which exempts the State, its political subdivisions, and “any of their respective officers or agencies” fro

A.T v. M. Cohen, M.D., 231 N.J. 237 (2017).  “This was an appeal as of right in a medical malpractice case in which plaintiff was a minor.  Due to counsel’s oversight, plaintiff failed to file an affidavit of merit within the required time, although plaintiff did provide one shortly thereafter.  The Law Division granted summary judgment in favor of defendant, denied plaintiff’s motion for a voluntary dismissal without prejudice to allow plaintiff to avoid summary judgme

Thabo v. Z Transportation, 452 N.J. Super. 359 (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