Appellate Watch Blog

N.J. Appellate Division Outlines Public Policy Limits on Employment Based Arbitration Agreements

By Alex Lee, Esq. In two recent decisions both decided on August 23, 2018, the Appellate Division simultaneously confirmed the broad deference New Jersey courts give to Arbitration Agreements in the employment context, while also marking limitations as to how far even a clear agreement by the parties may extend when involving restrictions on essential

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Unmarried Same-sex Partner Allowed to Sue for Emotional Distress After Witnessing the Death of her Partner’s Biological Child

By Thomas F. Dorn, Jr. On August 17, 2018, in an opinion approved for publication, the Appellate Division in Moreland v. Parks (A-4754-16T4) held that a plaintiff in a same-sex relationship who witnessed the biological child of her partner die from being struck by a motor vehicle can pursue a claim for bystander negligent infliction

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New Jersey Supreme Court Weighs in on the Admissibility of Expert Testimony of Child Sexual Abuse Accommodation Syndrome

By: Dorothy Kenney, Esq. On July 31, 2018, in State v. J.L.G. (A-50-16) (078718) the New Jersey Supreme Court reversed over 25-years of precedent in holding that expert testimony of Child Sexual Abuse Accommodation Syndrome (CSAAS), in general, may no longer be admitted at criminal trials. Child Sexual Abuse Accommodation Syndrome was developed by Roland

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New Jersey Supreme Court Confirms Courts Cannot Order Health Care Facilities to Release Documents Prepared During the Process of Self-Critical Analysis

By Danielle N. Levine In Brugaletta v. Garcia, the plaintiff filed a medical malpractice action against Chilton Memorial Hospital (“CMH”) and its staff alleging deviations from standards of medical care in their diagnosis and treatment of her during her three week stay at CMH. During pretrial discovery, the plaintiff requested that CMH provide information on

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Appellate Division Upholds $525,000 Verdict for Hostile Work Environment and Unlawful Retaliation

By Alex Lee, Esq. On July 30, 2018, a three judge panel of the Appellate Division upheld a $525,000 jury verdict, for Customer Service Representative Marilyn Velez, against her former employer and supervisor. Velez’s claims were brought under the New Jersey Law Against Discrimination against her employer, Rocktenn Co., a corrugated box producer based out

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