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

Noren v. Heartland Payment Systems, Inc., 449 N.J. Super. 193 (App. Div. 2017).  On February 6, 2017, the Appellate Division issued a published opinion in this case, which was discussed here.  In that opinion, the panel dismissed defendant’s cross-appeal from the denial of its motion for summary judgment because defendant had not included in the appellate a

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.Â