Appellate Watch Blog

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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NJ Workers’ Compensation Judge Rules Respondent Cannot Oppose Payment for Medical Marijuana

By Christine M. McCarthy, Esq. In a June 28, 2018 opinion, a Freehold Workers’ Compensation judge ruled that Freehold Township must pay the cost of a petitioner’s medical marijuana prescription. In opposing Petitioner’s request for coverage of his prescription, Respondent, Freehold Township, sought refuge on constitutional grounds, arguing the NJ Medical Marijuana Act is in conflict

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The Beginning of the End for Public Sector Unions? U.S. Supreme Court Bans Mandatory Union Fees

By Alex Lee, Esq.   The U.S. Supreme Court’s recent 5-4 decision on June 27, 2018 in Janus v. American Federation of State, County, and Municipal Employees, was a landmark decision finding that laws requiring non-union member public-sector employees to pay “agency fees” to relevant unions, were unconstitutional and invalid as a violation of the First

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Does a Term in a Marital Settlement Agreement Where an Alimony Paying Spouse Must Provide Life Insurance Naming the Ex-Spouse as Beneficiary Support an Alimony Obligation or Not?

By Bonnie C. Frost, Esq. In a case which might, at first glance, be overlooked, the purpose of life insurance as it relates to alimony (and possibly as it might pertain to child support) is discussed clearly and succinctly.  In Wheeler v. Wheeler, (A-4383-16T1), the parties divorced in 2007 and agreed that the ex-husband would provide

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