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SHAPIRO v. MIDDLESEX CTY. MUNICIPAL JOINT INS. FUND

307 N.J. Super. 453 (1998)

IRA D. SHAPIRO, D.C., JOHN ALLEN, D.C. AND NEW JERSEY CHIROPRACTIC SOCIETY, PLAINTIFFS-APPELLANTS, v. MIDDLESEX COUNTY MUNICIPAL JOINT INSURANCE FUND; WILLIAM KURTZ; INDIVIDUALS WHO ARE COMMISSIONERS AND DIRECTORS OF THE MIDDLESEX COUNTY JOINT INSURANCE FUND; OLD BRIDGE/SAYREVILLE MEDICAL GROUP; INDIVIDUALS WHO ARE SHAREHOLDERS, DIRECTORS AND OFFICERS OF THE OLD BRIDGE/SAYREVILLE MEDICAL GROUP; SCIBAL ASSOCIATES; CLAIMS SOLUTIONS; ALLEN F. CRANE AND TERRENCE G. BLACKWELL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 20, 1998.

Attorney(s) appearing for the Case

Michael A. Toto, attorney for appellants.

Wilentz, Goldman & Spitzer, attorneys for respondents Middlesex County Municipal Joint Insurance Fund; William Kurtz; Individuals who are Commissioners and Directors of the Middlesex County Joint Insurance Fund; Old Bridge/Sayreville Medical Group; Individuals who are Shareholders, Directors and Officers of the Old Bridge/Sayreville Medical Group; Scibal Associates; and Claims Solutions (Roger B. Kaplan, of counsel and Donald E. Taylor, on the brief).

Lynch, Martin, Philibosian, Chansky, Fitzgerald & Kane, attorneys for respondents Allen F. Crane and Terrence G. Blackwell (Lori A. Dvorak, on the brief).

Before Judges HAVEY, LANDAU and NEWMAN.

The opinion of the court was delivered by LANDAU, J.A.D.

Plaintiffs Ira A. Shapiro, D.C., (Shapiro), John Allen, D.C., (Allen), and New Jersey Chiropractic Society (Society), appeal from an October 28, 1996 Chancery Division order, and the November 22, 1996 denial of its reconsideration, dismissing their complaint for failure to state a claim, R. 4:6-2(e), and simultaneously denying standing to the Society. The complaint alleged a number of antitrust claims...

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