Thabo v. Z Transportation, ___ N.J. Super. ___ (App. Div. 2017).  Under Rule 4:23-5, failure to make discovery can, in certain circumstances, result in dismissal of a complaint with prejudice.  But Rule 4:23-5 contains “strict notice requirements”  that embody “due process protections,” as Judge Fuentes said in his opinion today in this appeal.  In this breach of contract case, where the Law Division granted dismissal with prejudice, the panel criticized cou

Today, the 2017-18 General Assignment Order issued by Chief Justice Rabner was published.  It is available here.

Judge Messano continues as Presiding Judge for Administration, and Judge Sabatino remains the Deputy Presiding Judge for Administration.  The Presiding Judges of the eight Parts of the Appellate Division are the same as last year, except that Judge Simonelli has replaced Judge Lihotz as Presiding Judge of Part B.  The other Presiding Judges, in Part letter order, are Judges Sabatino, Reisner, Alvarez, Messano,

Kean Federation of Teachers v. Morell, 448 N.J. Super. 520 (App. Div. 2017).  As a public body, Kean University’s Board of Trustees is subject to the Open Public Meetings Act, N.J.S.A. 10:4-6 to,-21 (“OPMA”).  This decision by Judge Fuentes addressed two issues under the OPMA.  The first was what is meant by the statute’s requirement, in N.J.S.A. 10:4-14, that minutes of a public body’s meetings be made “promptly available.”  T