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LIPSKY v. N.J. ASS'N OF HEALTH

DOCKET NO. A-1611-21.

288 A.3d 1273 (2023)

474 N.J. Super. 447

Richard LIPSKY, and MHA, LLC d/b/a Meadowlands Hospital, Plaintiffs-Respondents, v. The NEW JERSEY ASSOCIATION OF HEALTH PLANS, INC., Health Professionals and Allied Employees Union, Jeanne Otersen, Ann Twomey, Adrien Dumoulin-Smith, Harriet Rubenstein, Amerigroup, Inc., AmeriHealth Insurance Company of New Jersey, AmeriHealth HMO, Inc., United Healthcare Services, Inc., United Healthgroup Incorporated, Aetna, Inc., Horizon Blue Cross Blue Shield Insurance Company, and New Jersey Health Care Quality Institute, Defendants-Respondents. New Jersey Department of Health, Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 18, 2023.

Attorney(s) appearing for the Case

Michael R. Sarno , Deputy Attorney General, argued the cause for appellant ( Matthew J. Platkin , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Michael R. Sarno , Deborah Shane-Held , and Patrick Jhoo , Deputy Attorneys General, on the briefs).

William J. Hughes, Jr. , Morristown, argued the cause for respondent MHA, LLC d/b/a Meadowlands Hospital (Porzio, Bromberg & Newman, PC, attorneys; Vito A. Gagliardi, Jr. , and Brett S. Moore , of counsel and on the joint brief; Thomas J. Reilly , on the joint brief).

Robert A. Agresta , Englewood, argued the cause for respondent Dr. Richard Lipsky (The Agresta Firm, PC, attorneys; Robert A. Agresta and Anthony K. Modafferi, III , of counsel and on the joint brief).

Before Judges Haas, Gooden-Brown and Mitterhoff.

The opinion of the court was delivered by

In this opinion, we address the novel issue of whether a party to a pending litigation may compel a non-party State agency to turn over its employees' State-issued and personal cell phones to that party's expert for forensic examination, even when the agency has already produced the...

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