Kenneth Mr. Vercammen was included in the 2020 “Super Lawyers” list published by Thomson Reuters.

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Tuesday, July 31, 2018

Janell Brugaletta v. Calixto Garcia, D.O. (079056)

The Court affirms the panel’s order shielding the redacted document from discovery because the PSA’s self-critical-analysis privilege prevents its disclosure. The Court also affirms the panel’s determination that, when reviewing a discovery dispute such as this, a trial court should not be determining whether a reportable event under the PSA has occurred. The Court reverses the judgment to the extent it ends defendants’ discovery obligation with respect to this dispute, finding that defendants have an unmet discovery duty under Rule 4:17-4(d) that must be addressed. Accordingly, the Court provides direction on how the court should have addressed, through New Jersey’s current discovery rules, the proper balancing of interests between the requesting party and the responding party here, and remands to the trial court.