Category: *All Posts

If the allegations do not set forth with specificity, or constitute as pleaded, satisfaction of the elements of legal or equitable fraud, a court may dismiss the complaint

Posted in *All Posts, Consumer Fraud Act, Consumer Fraud Act, Fraud

Claim for breach of the implied covenant of good faith and fair dealing

Posted in *All Posts, Contracts, Covenant of good faith and fair dealing

The statute of limitations for negligence accrues either: on the date of the act or omission giving rise to the claim, or on the date the injured party discovers, or reasonably should have discovered, that he may have a basis for an actionable claim

Posted in *All Posts, Litigation, Negligence, Statute of Limitations, Torts

Courts lack jurisdiction to hear matters that are subject to exclusive agency jurisdiction

Posted in *All Posts, Lack of subject matter jurisdiction, Litigation

Under the New Jersey Court Rules, a Complaint may only be dismissed for failure to state a claim if, after an in-depth and liberal search of its allegations, a cause of action cannot be gleaned from even an obscure statement in the Complaint, particularly if additional discovery is permitted

Posted in *All Posts, Dismiss For Failure To State A Claim, Litigation, Motions

Conjecture and speculation cannot be used as a basis for damages

Posted in *All Posts, Damages

There is no implied warranty of good faith and fair dealing under New Jersey law in the absence of a contract

Posted in *All Posts, Contracts, Covenant of good faith and fair dealing, Employment Law

A party bringing a claim of breach of contract has the burden of proving all elements of its cause of action

Posted in *All Posts, Breach of Contract, Contracts

A court shall grant summary judgment if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a judgment or order as a matter of law

Posted in *All Posts, Litigation, Motions, Summary Judgment

Courts should conduct a best interests analysis in all contested relocation disputes in which the parents share legal custody

Posted in !ToBePublished, *All Posts, *Published case, Child Relocation, Child-custody