BEAVER v. MAGELLAN HEALTH SERVICES, INC.

DOCKET NO. A-1311-12T3

80 A.3d 1160 (2013)

433 N.J. Super. 430

Irvin B. BEAVER, Plaintiff-Appellant, v. MAGELLAN HEALTH SERVICES, INC., Magellan Behavioral Health, Inc., and Horizon Blue Cross Blue Shield of New Jersey, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 2013.


Attorney(s) appearing for the Case

Justin Lee Klein argued the cause for the appellant (Wilentz Goldman & Spitzer, and Hobbie, Corrigan & Bertucio, attorneys; Angelo J. Cifaldi , Woodbridge, and Jacqueline DeCarlo , of counsel and on the brief; Mr. Klein, Eatontown, on the brief).

Thomas F. Quinn argued the cause for respondents (Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, attorneys; Mr. Quinn and Joanna Piorek, Florham Park, on the brief).

Before Judges PARRILLO, KENNEDY and GUADAGNO.


The opinion of the court was delivered by

KENNEDY, J.A.D.

Under what circumstances may a litigant pursue common law and statutory causes of action in the Law Division, rather than appeal from State final agency determination, where the merits of the agency determination are at issue? This is the question we address in deciding this appeal.

Plaintiff appeals from an October 12, 2012 order of the Law Division...

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