Category: Litigation

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

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

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