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QUIGLEY v. ESQUIRE DEPOSITION SERV., LLC

Docket No. A-0689-06T5

948 A.2d 665 (2008)

400 N.J. Super. 494

Joseph QUIGLEY, Plaintiff-Appellant, v. ESQUIRE DEPOSITION SERVICE, LLC, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 2008.

Attorney(s) appearing for the Case

Fredric J. Gross, argued the cause for appellant (Alan H. Schorr and Associates, attorneys, Cherry Hill; Mr. Gross, of counsel; Alan H. Schorr, on the brief).

Kenneth J. Wilbur, Florham Park, argued the cause for respondent (Drinker Biddle & Reath, attorneys; Mr. Wilbur, William A. Wright and Michael E. Blaine, on the brief).

Olga E. Bradford, Deputy Attorney General, argued the cause for amicus curiae State Board of Court Reporting (Anne Milgram, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel, Ms. Bradford, on the brief).

Wolf Block Schorr & Solis-Cohen, Roseland, for amicus curiae Certified Shorthand Reporters Association of New Jersey, Inc. (Stuart L. Pachman, on the brief).

Before Judges SKILLMAN, WINKELSTEIN and LeWINN.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The primary issue presented by this appeal is whether, as applied to a deposition taken in connection with federal litigation, the Federal Rules of Civil Procedure pre-empt the New Jersey statute and administrative regulations governing shorthand reporting. We conclude that the Federal Rules pre-empt the statute and regulations, and therefore a deposition taken in connection with federal...

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