The Supreme Court announced that it will review two new cases. One is at the Court as of right, due to a dissent in the Appellate Division. The Court granted certification in the other. The appeal as of right is Green v. Monmouth University. The Appellate Division’s decision was discussed here. The Appellate Division, with Judge Fisher dissenting, affirmed summary judgment for the University in a Charitable Immunity Act case. The question presented at the Supreme Court, as phrased by the Supreme Court Clerk’s Office, is “Under the circumstances presented, was Monmouth...
Mar
14
State Agency’s “Contumacious” Discovery Failures Over Many Years Called for Dismissal of Agency’s License Suspension Proceeding
Posted by Bruce D. Greenberg on Mar 14, 2018 in Administrative agency actions, Appellate Division, Discovery, Judges, Notable opinion writing, Standards of review | 0 comments
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” from posting a supersedeas bond on appeal. But there is a limit to such tolerance, and today’s opinion by Judge Fisher is a case...
Jan
9
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