NJ COLALITION OF HEALTH CARE v. DOBI


732 A.2d 1063 (1999)

321 N.J. Super. 207

NEW JERSEY COALITION OF HEALTH CARE PROFESSIONALS, INC., Physicians for Quality Care, Inc., Physicians Union of New Jersey, Local Lodge 8 and New Jersey Association of Osteopathic Physicians & Surgeons, Appellants, v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE, DIVISION OF INSURANCE, Respondent. Association of Trial Lawyers of America—New Jersey, Appellant, v. New Jersey Department of Banking and Insurance, Division of Insurance, Respondent (Two Cases). Chiropractic America, Monmouth County, South Jersey, Northern Jersey and Cumberland County Chiropractic Societies, Appellant, v. New Jersey Department of Banking and Insurance, Division of Insurance, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 1999.


Attorney(s) appearing for the Case

Alma L. Saravia, Cherry Hill, for appellants New Jersey Coalition of Health Care Professionals, Inc., Physicians for Quality Care, Inc., Physicians Union of New Jersey, Local Lodge 8, and New Jersey Association of Osteopathic Physicians & Surgeons (Duane, Morris & Heckscher, attorneys; Ms. Saravia and Michael W. O'Hara, on the brief).

James Katz, Cherry Hill, for appellant Association of Trial Lawyers of America —New Jersey on both appeals (Tomar, Simonoff, Adourian, O'Brien, Kaplan, Jacoby & Graziano, attorneys; Mr. Katz, on the brief in A-2637-98T3; Mr. Katz and Edward N. Adourian, on the brief in A-2638-98T3).

Robert A. Jaffe of the Texas Bar, admitted pro hac vice, Houston, TX, for appellant Chiropractic America, Monmouth County, South Jersey, Northern Jersey and Cumberland County Chiropractic Societies (Edward S. Hochman, New York City and Mr. Jaffe, attorneys; Mr. Jaffe and Mr. Hochman, on the brief).

Allison E. Accurso, Assistant Attorney General, and Doreen J. Piligian, Deputy Attorney General, for respondent (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; James Bennett, Deputy Attorney General, on the brief in A-2637-98T7; Mark Turner Holmes, Deputy Attorney General, on the brief in A-3047-98T3; Paul Witko, Deputy Attorney General, on the brief in A-2558-98T3 and A-2638-98T3 and Ms. Piligian, on the briefs).

Thomas P. Weidner, Princeton, for Intervenors National Association of Independent Insurers, American Insurance Association, Insurance Council of New Jersey and Alliance of American Insurers (Jamieson, Moore, Peskin & Spicer, attorneys; Mr.Weidner, of counsel; David F. Swerdlow, Michael J. Canavan, David G. Glazer and Mr. Weidner, on the brief).

Barry D. Epstein, Rochelle Park and Gerald H. Baker, for amicus curiae New Jersey State Bar Association (Baker, Garber, Duffy & Pederson, Hoboken; Mr. Baker, Mr. Epstein and Daniel M. Waldman, Red Bank, on the brief).

Bruce H. Stern, Lawrenceville, for amicus curiae Brain Injury Association of New Jersey (Stark & Stark, attorneys; Mr. Stern, on the brief).

Joshua L. Prober, for amicus curiae American Osteopathic Association (McCullough, Campbell & Lane and Kraemer, Burns, Mytelka, Lovell & Kulka, attorneys, Chicago, IL; Mr. Prober and Wayne D. Greenfeder, Springfield, of counsel and on the brief).

Before Judges KING, WALLACE and FALL.


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

These consolidated appeals raise facial challenges to the validity of regulations adopted by respondent, New Jersey Department of Banking and Insurance, Division of Insurance (DOBI), pursuant to the Automobile Insurance Cost Reduction Act, L. 1998, c. 21 (AICRA). This court and our Supreme Court denied applications for a stay of the regulations pending...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases