MEDICAL SOC. OF N.J. v. ROBINS


729 A.2d 1056 (1999)

The MEDICAL SOCIETY OF NEW JERSEY, and W.C., M.D., Plaintiffs-Appellants, v. Bernard ROBINS, M.D., individually and in his official capacity as President of the New Jersey State Board of Medical Examiners; Eleanor Bernstein, individually and in her official capacity as a Deputy Attorney General of the State of New Jersey; The New Jersey State Board of Medical Examiners; The Division of Consumer Affairs of the New Jersey Department of Law and Public Safety; The Division of Law of the New Jersey Department of Law and Public Safety; The New Jersey Department of Law and Public Safety; The State of New Jersey; and "John and Jane Does 1-20" whose real identities are at this time unknown to the plaintiffs, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 1999.


Attorney(s) appearing for the Case

Steven I. Kern, Bridgewater, for plaintiffs-appellants (Kern Augustine Conroy & Schoppmann, attorneys; Mr. Kern, of counsel; Mr. Kern, P.W. Armstrong and Bonnie M. Weir, on the briefs).

Douglas J. Harper, Deputy Attorney General, for defendants-respondents (Peter Verniero, Attorney General, attorney; Jeffrey Burstein, Senior Deputy Attorney General, of counsel; Mr. Harper and Eleanor G. Bernstein, Deputy Attorney General, on the brief).

Before Judges STERN, LANDAU and BRAITHWAITE.


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

This case questions the constitutionality of an administrative "demand" to "inspect" the office of W.C., a medical doctor, as a result of information received by the Board of Medical Examiners (Board) that the doctor was distributing outdated medication. The written "Demand for Inspection of Professional Premises" was issued by the Attorney General on September 27...

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