Category: Litigation

New Jersey courts generally require that a constructive trust be established by clear and convincing evidence

Posted in *All Posts, Constructive trust, Litigation, Remedy

Courts of equity have the inherent power in a proper case to appoint a receiver for a corporation on the ground of gross or fraudulent mismanagement by corporate officers or gross abuse of trust or general dereliction of duty

Posted in *All Posts, Appointing Receiver, Corporate Law, Litigation

A party may request an amendment of the pleadings and pretrial order as may be necessary to cause them to conform to the evidence

Posted in *All Posts, Amend Pleadings, Litigation, Motions

The sufficiency of evidence offered in support of the authentication of evidence

Posted in *All Posts, Authentication, Evidence, Litigation

The `opening the door’ doctrine

Posted in *All Posts, Evidence, Litigation

A defendant should not be precluded from offering such rebuttal proofs as he might choose that are responsive and admissible

Posted in *All Posts, Evidence, Litigation

When applicable, the law of the case doctrine prohibits a second judge on the same level, in the absence of additional developments or proofs, from differing with an earlier ruling

Posted in *All Posts, Law of the case, Litigation

Personal jurisdiction over a foreign corporation

Posted in *All Posts, Litigation, Litigation privilege

An offer of judgment is intended to encourage settlement and avoid litigation

Posted in *All Posts, *Federal Court, Litigation, Offer of Judgment

The frivolous litigation statute must be interpreted strictly

Posted in *All Posts, Frivolous litigation, Litigation