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.

Ricci v. Ricci, ___ N.J. Super. ___ (App. Div. 2017).  As Judge Lihotz observed in the opening sentence of her opinion for the Appellate Division in this case, Newburgh v. Arrigo, 88 N.J. 529 (1982), established the principle that “the privilege of parenthood carries with it the duty to assure a necessary education for children.”  That duty applies, however, only to children who are not emancipated.  “A determination of emancipation is a legal issue, imposed when the

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., ___ N.J.  Super. ___ (App. Div. 2017).  The Municipal Land Use Law (“MLUL”), in N.J.S.A. 40:55D-10.5, contains a “time of application rule” that determines what ordinance governs a land use development application.  Under that provision, regulations that are in effect “on the date of submission of an application for development” will apply.  But what qualifies a submission to a p