Brunt v. Board of Trustees, Police & Firemen’s Retirement System, ___ N.J. Super. ___ (App. Div. 2018).  In general, except as specified by statute, court rule, or a contract between parties, New Jersey follows the “American Rule,” under which litigants must bear their own fees and costs.  This decision today by Judge Rose, in a case that was argued before her and Judge Ostrer, and then re-argued before those two judges and Jud

According to the solar calendar, summer formally begins on June 21.  But the Appellate Division begins its summer schedule on June 18, as reflected in the summer Part schedule published here.  The summer is divided into six two-week “Sessions.”  Sessions 1 and 2, which begin on June 18 and July 1, respectively, will feature three two-judge Parts each, while each of the remaining sessions, the last of which ends on September 9, will see two Parts each.

There is only one three-judge

Baez v. Paulo, ___ N.J. Super. ___ (App. Div. 2018).  This was a medical malpractice/wrongful death case.  The Law Division had precluded plaintiff from adding three doctors as defendants after the statute of limitations had expired, ruling that plaintiff had not exercised sufficient diligence to identify those defendants, who had been named as fictitious defendants under Rule 4:26-4, in timely fashion.  Despite having found that the statute of limitations had run out as to the three doctors, t