Rowe v. Bell & Gossett Co., ___ N.J. ___ (2019). This first Supreme Court opinion of the new Term, written by Justice Patterson for a unanimous Court, addresses the hearsay exception contained in Evidence Rule 803(c)(25). Plaintiff, who died during the pendency of appeals in the case, sued a number of defendants after contracting mesothelioma. All but one defendant, “Universal,” settled before trial. Plaintiff won a jury verdict as to Universal. But Universal offered into evidence interrogatory answers and deposition testimony of the settling defendants in support of a...

L.R. v. Camden City Public School Dist., ___ N.J. ___ (2019). A relative rarity for our Supreme Court occurred in this case today: the decision of the Appellate Division was affirmed by an equally divided Court. Only six Justices sat because Justice Fernandez-Vina did not participate. As discussed here, the question presented in this appeal was “Are plaintiffs—the mother of a student with a disability and a nonprofit advocacy organization—entitled to obtain from several school districts redacted copies of settlement agreements and records reflecting the provision of special services to...

State in the Interest of D.M., ___ N.J. ___ (2019). In this juvenile delinquency case, neither the State nor defendant sought oral argument in the Appellate Division. The State, the respondent in that court, explained that it believed the issues raised by defendant on appeal of the Family Part’s finding of delinquency by endangering the welfare of a child were governed by settled law. However, the Appellate Division sua sponte directed the parties to file supplemental briefs on a new issue: ““whether the lack of a finding of penetration or coercion undermines the delinquency...