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

Rippon v. Smigel, ___ N.J. Super. ___ (App. Div. 2017).  This opinion by Judge Haas today reverses a dismissal that was based on lack of personal jurisdiction, forum non conveniens, and res judicata.  The main reason was the state of the motion record, which Judge Haas labeled as “sparse,” “thin,” and “meager.”  The lesson of this decision is that discovery is generally required in order to make an adequate record on which a court can decide a motion to di

Acevedo v. Flightsafety International, Inc., ___ N.J. Super. ___ (App. Div. 2017).  In this opinion by Judge Reisner, the Appellate Division held that it was error for the Law Division to offset a back pay award under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12 to -49 (“LAD”) with a portion of the unemployment benefits that plaintiff received after having been fired for a disability.  The panel ruled that the collateral source statute, N.J