NJ Appellate Division Opinions 12-31-14

December 31, 2014

The Appellate Division released two published opinions this morning. The following opinions are the Appellate Division's final decisions for 2014. 

 

1. HETTY ROSENSTEIN, LABOR CO-CHAIRPERSON OF THE STATE HEALTH BENEFITS PLAN DESIGN COMMITTEE AND CHARLES WOWKANECH, PRESIDENT, NEW JERSEY STATE AFL-CIO VS. STATE OF NEW JERSEY, DEPARTMENT OF TREASURY, DIVISION OF PENSIONS AND BENEFITS (DIVISION OF PENSIONS AND BENEFITS)   The Court held that the Department of Treasury, Division of Pensions and Benefits lacked the authority to increase retiree prescription copayments because the SHBC (State Health Benefits Commission) lacked the authority to change the state health benefits plan absent a final determination from SHBPDC (State Health Benefits Plan Design Committee) or through the super-conciliatory process.  A copy of the Court's opinion is available here: 

 

2. PANAGIOTI L. GIANNAKOPOULOS VS. MID STATE MALL, ET AL.
(L-5232-11, MIDDLESEX COUNTY AND STATEWIDE)
   

In a reversal, the Court held: In reconsidering a prior judge's decision to reinstate plaintiff's complaint, the trial court misapplied the standards set forth in Rule 1:13-7(a).  The trial court also erred in failing to hold a N.J.R.E. 104 hearing to evaluate plaintiff's claim that he was entitled to tolling of the statute of limitations under N.J.S.A. 2A:14-21 due to his mental incapacity.  A copy of the Court's opinion is available here:

 

 

 

The Court's unpublished opinions can be found here: 

 

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