HEALTHCARE COALI v. NJ DEPT. OF BANKING

DOCKET NO. A-1038-12T2, A-1445-12T2, A-1636-12T2, A-1792-12T2

111 A.3d 716 (2015)

440 N.J. Super. 129

NEW JERSEY HEALTHCARE COALITION, Alliance for Quality Care, Inc., New Jersey Association of Ambulatory Surgery Centers, New Jersey Association of Osteopathic Physicians and Surgeons, North Jersey Orthopaedic Society, Atlantic Orthopedic Associates, LLC, and New Jersey State Society of Anesthesiologists, Appellants, v. NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE, Respondent. New Jersey Coalition for Quality Healthcare, Appellant, v. New Jersey Department of Banking and Insurance, Respondent. New Jersey Association for Justice, Appellant, v. New Jersey Department of Banking and Insurance, Respondent. United Acupuncture Society of New Jersey, Appellant, v. New Jersey Department of Banking and Insurance, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 2015.


Attorney(s) appearing for the Case

Keith J. Roberts argued the cause for appellants in A-1038-12 ( Brach Eichler , attorneys; Mark E. Manigan , Mr. Roberts and John D. Fanburg , of counsel; Mr. Roberts and Richard B. Robins , Roseland, on the brief).

A. Ross Pearlson argued the cause for appellant New Jersey Coalition for Quality Healthcare in A-1445-12 (Wolff & Samson, attorneys; Mr. Pearlson, West Orange, on the brief).

Gerald H. Baker and Daniel E. Rosner argued the cause for appellant New Jersey Association for Justice in A-1636-12 ( Scott G. Leonard , President, attorney; Mr. Baker, Hoboken, and Mr. Rosner, Vineland, on the brief).

Shay S. Deshpande argued the cause for appellant United Acupuncture Society of New Jersey in A-1792-12 (Zwerling & Deshpande, attorneys; Mr. Deshpande, Roseland, of counsel and on the brief; David J. Zwerling , Hackensack, on the brief).

Daniel J. Kelly , Deputy Attorney General, argued the cause for respondent New Jersey Department of Banking and Insurance ( John J. Hoffman , Acting Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Mr. Kelly, on the brief).

Susan Stryker argued the cause for intervenors Insurance Council of New Jersey and The Property Casualty Insurers Association of America (Bressler, Amery & Ross, attorneys; Ms. Stryker, Florham Park, of counsel and on the brief).

Anthony J. Murgatroyd argued the cause for amicus curiae New Jersey State Bar Association ( Sharon A. Balsamo , Counsel & Director of Legal Affairs, attorney; Kevin P. McCann , Bridgeton, of counsel and on the brief; Mr. Murgatroyd, Flemington, on the brief).

Before Judges REISNER, HAAS and HIGBEE.


The opinion of the court was delivered by

This appeal is the latest battle in a long-running conflict between health care providers and other interested parties, and the Department of Banking and Insurance (the Department), over the Department's personal injury protection (PIP) regulations.

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