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