In DiFiore v. Pezic, A-58/59/60 September Term 2021, 087091, the New Jersey Supreme Court, in a unanimous opinion authored by Justice Rachel Wainer Apter, addressed whether a plaintiff has the right to record or have a third-party present for a defense medical examination (DME). (In DiFiore, the author argued as amicus on behalf of the National Employment Lawyers Association of New Jersey.) In overruling the central tenet of the Appellate Division's holding—which was that the plaintiff bore the burden "to show special reasons why third-party observation or recording should be permitted"—the Supreme Court restored, at least in part, the judicial framework previously established by B.D. v. Carley, 307 N.J. Super. 259 (App. Div. 1998). Instead, the DiFiore court held that defendants bore the burden of demonstrating why a third-party observer or an unobtrusive recording should not be permitted.