- ESTATE OF RICHARD M. LASIW, ET AL. VS. PEDRO M. PEREIRA M.D., ET AL. (L-0387-20, BERGEN COUNTY AND STATEWIDE) A-1231-21 Appellate April 18, 2023 Summary A-1231-21 In this medical malpractice litigation, plaintiff, individually and as executrix of her late husband's estate, moved to compel defendants to permit her expert to conduct an onsite inspection of decedent's electronic medical record (EMR). Plaintiff contended that pursuant to Rule 4:18-1, she had the right to inspect and examine the "metadata" associated with the EMR, which exceeded more than 2,000 pages and had already been produced in PDF format by defendants. Plaintiff agreed that defendants would control the log in to the computer system and the mouse guiding the expert's review. Plaintiff also agreed not to access the system through the use of thumb drives or discs to copy any information. Plaintiff also sought production of an "audit trail" of the EMR for nearly a full year after decedent's discharge. Defendants objected, arguing the discovery request was unduly burdensome and posed security risks and the risk of exposing other patient's EMR. They argued that plaintiff should identify specific entries in the record for which she sought metadata, and they would produce it, subject to assertions of confidentiality or privilege. Defendants also objected to producing the audit trail, claiming it, too, was unduly burdensome and irrelevant. The Law Division judge granted plaintiff's motion, and the court granted defendants leave to appeal. The court concluded that plaintiff was entitled to access metadata in decedent's EMR pursuant to Rules 4:10-2(f) and 4:18-1, and that defendants bore the burden of demonstrating the discovery request was unduly burdensome. The court agreed with the motion judge's conclusion that defendants failed to do so, and the proposed inspection was reasonable. The court affirmed that portion of the judge's order granting the inspection as modified by reasonable restrictions, including a time limit for the inspection of four hours. The court, however, reversed that portion of the judge's order requiring defendants to produce a post-discharge audit trail that extended beyond the date of the last entries made to decedent's EMR, finding plaintiff failed to demonstrate the potential for relevant information from such a broad request. Close
- T.S. VS. P.T. (FM-02-1804-07, BERGEN COUNTY AND STATEWIDE) A-1248-21 Appellate April 18, 2023
- STATE OF NEW JERSEY VS. HAROLD A. TUCKER (11-05-0707, MIDDLESEX COUNTY AND STATEWIDE) A-1553-21 Appellate April 18, 2023
- CAPTAIN SHERRI SCHUSTER, ETC. VS. STATE OF NEW JERSEY, ET AL. (L-0180-16, MERCER COUNTY AND STATEWIDE) A-0582-20 Appellate April 19, 2023
- ALLSTATE NEW JERSEY INSURANCE COMPANY, ET AL. VS. ANTHONY C. CARABASI, D.C., ET AL. (L-2723-19, BURLINGTON COUNTY AND STATEWIDE, AND L-0795-13, GLOUCESTER COUNTY AND STATEWIDE) (CONSOLIDATED) A-0621-20/A-3211-21 Appellate April 19, 2023
- IN THE MATTTER OF PETITION FOR RULEMAKING TO AMEND COASTAL ZONE MANAGEMENT RULES, ETC. (NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION) A-1771-20 Appellate April 19, 2023
- JOHN PRITCHETT VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS) A-2305-20 Appellate April 19, 2023
- STATE OF NEW JERSEY VS. LUIS F. RODRIGUEZ, ET AL. (2020-009, 2020-011, AND 2020-013, ESSEX COUNTY AND STATEWIDE) A-3054-20 Appellate April 19, 2023
- THE SILVERMAN GROUP, ET AL. VS. MORRISTOWN PLANNING BOARD (L-0476-21, MORRIS COUNTY AND STATEWIDE) A-0009-21 Appellate April 19, 2023
- QINGYOU YAN VS. YIXIONG XU (FM-02-2387-18, BERGEN COUNTY AND STATEWIDE) A-1493-21 Appellate April 19, 2023
- IRINA GALPERIN VS. MACY'S, ET AL. (L-7737-19, BERGEN COUNTY AND STATEWIDE) A-1518-21 Appellate April 19, 2023
- AFRICAN AMERICAN DATA AND RESEARCH INSTITUTE, ET AL. VS. JEANNE HITCHNER, ET AL. (L-0736-20, CUMBERLAND COUNTY AND STATEWIDE) A-1592-20 Appellate April 20, 2023
- LILLIAN ZHANG VS. GOSHEN MORTGAGE REO, LLC, ET AL. (F-032381-16, ESSEX COUNTY AND STATEWIDE) A-1957-20 Appellate April 20, 2023
- MIRIAM LAX VS. HACKENSACK MERIDIAN HEALTH, INC., ET AL. (L-0315-19, OCEAN COUNTY AND STATEWIDE) A-0496-21 Appellate April 20, 2023
- STATE OF NEW JERSEY VS. MALICK THIOUBOU (21-06-0087, MONMOUTH COUNTY AND STATEWIDE) A-0716-21 Appellate April 20, 2023
- M&T BANK, ETC. VS. H. SCOTT GURVEY, ET AL. (F-014035-18, ESSEX COUNTY AND STATEWIDE) A-0749-21 Appellate April 20, 2023
- MARJAM SUPPLY CO., INC. VS. AMERICAN CONTRACTORS OF NEW JERSEY, LLC, ET AL. (L-1359-19, HUDSON COUNTY AND STATEWIDE) A-0838-21 Appellate April 20, 2023
- ROTIMI OWOH, ET AL. VS. CITY OF CAMDEN (GOVERNMENT RECORDS COUNCIL) A-1210-21 Appellate April 20, 2023
- STATE OF NEW JERSEY VS. RALPH LEBRON (17-07-0482, HUDSON COUNTY AND STATEWIDE) A-1589-21 Appellate April 20, 2023
- BJOURN AVERY VS. NEXT MILE, LLC/DSP (DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT) A-2506-22 Appellate May 23, 2024