Discovery
Defendant in Civil Case May Be Questioned at Deposition As to Statements Made During Criminal Guilty Plea
Defendant Alex Brown-Eskengren, with two accomplices, attacked minor plaintiff R.J. after a party. Defendant was charged criminally for this attack and eventually pled guilty to third-degree aggravated assault on the condition that he would be admitted to pre-trial intervention (PTI). As part of the plea, he gave a factual allocution regarding the attack, testifying that […]
Appellate Division Upholds Dismissal of Complaint With Prejudice Due to Plaintiff’s Failure to Provide Complete Discovery
This appeal concerned the trial court’s dismissal of the plaintiff’s complaint with prejudice for failure to provide discovery. The matter involved a complaint against the plaintiff’s commercial condominium association’s board members and property manager for consumer fraud, common law fraud, unjust enrichment, and negligent misrepresentation. After filing an answer, the defendants served plaintiff with a […]
What is “Discovery” in a Civil Lawsuit?
Lawyers understand the term “discovery” in the context of a civil lawsuit but laypeople involved in a lawsuit likely do not understand what it means to “conduct discovery.” In general terms, it means exactly as it is defined in plain English, i.e. to find out something. In the context of a lawsuit, discovery is used […]
Appellate Division Reverses Trial Court’s Dismissal of Lawsuit
This lawsuit involved a letter of protection dispute arising from $183,107.30 of medical bills allegedly owed for services rendered by plaintiff North Jersey Hip & Knee Center to defendant Janet Quevedo after an automobile accident. Plaintiff had treated Quevedo for her injuries from the accident based upon a letter of protection from Amy Peterson, Esq., […]
Supreme Court Rules That Third-Party Observer or Recording May be Permitted at DME, Upon Plaintiff’s Request, Unless Defendant Moves for a Protective Order
I had previously reported on the Appellate Division decision of DiFiore v. Pezic, 472 N.J. Super. 100 (App. Div. 2022) which concerned the circumstances upon which a DME (defense medical exam) may be recorded or a third-party observer permitted. This case went up on certification to the New Jersey Supreme Court, which affirmed certain portions […]
The (Often Obscured) Impact of “Litigation Funding”
While most industry professionals have heard of “litigation funding,” the impact of the same may often not be fully appreciated. This partially is attributable to the fact that many (primarily) Plaintiff’s counsel are often reluctant to even confirm that an individual claim does involve “Third Party Litigation Funding (or Financing),” (“TPLF”), or the related “Third […]
Appellate Division Issues Ruling On When Defense Medical Exam Can Be Video Or Audio Recorded Or Attended By A Third Party
Three separate cases, each involving a separate personal injury, were appealed to the Appellate Division to decide the issue as to whether a plaintiff with alleged cognitive limitations, psychological impairments, or language barriers “can be accompanied by a third-party to a defense medical examination (“DME”), or require that the examination be video or audio recorded […]
Non-Party Not Subject To Same Broad Rules Of Discovery As Party To Suit
The plaintiff Trenton Renewable Power, LLC owned and operated an anaerobic biodigester facility in Trenton and contracted with non-party Symbiont Science, Engineering and Construction, LLC (“Symbiont”) to design and build out the facility. Defendant Denali Water Solutions, LLC (“Denali”) contracted with plaintiff to supply the organic waste for processing at the facility in Trenton. The […]
Plaintiff’s Expert Report Barred Due to Failure to Distinguish Permanent Injury Suffered in Two Consecutive Car Accidents
Plaintiff Abigail Perdomo appealed the trial court’s decision barring the expert report of her treating physician, Dr. Wayne Petermann, a chiropractor, as a net opinion. Plaintiff had been in two different motor vehicle accidents in December, 2010 and, three years later, in November, 2013. The issue in Perdomo v. Orgacki, 2018 N.J. Super. Unpub. LEXIS […]
Betsy G. Ramos
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Stephen Gilbert
Tom Begley
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