Blog Archives

A defendant may move to dismiss a plaintiff’s complaint if the complaint fails to state a claim upon which relief can be granted

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

An intrusion upon seclusion action premised on an injury to the person (as opposed to an injury to property) is governed by the two-year statute of limitations

Posted in *All Posts, *Federal Court, Statute of Limitations, Torts

Relation back

Posted in *All Posts, *Federal Court, Litigation, Statute of Limitations

The statute of limitations constitutes an affirmative defense to an action

Posted in *All Posts, *Federal Court, Defense, Litigation, Statute of Limitations

A plaintiff’s obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do

Posted in *All Posts, *Federal Court, Litigation, Procedure

The statute of limitations for claims arising under the Law Against Discrimination is two years

Posted in *All Posts, Discrimination, Litigation, Statute of Limitations

The statutes of limitations compel the exercise of a right of action within a specific, reasonable period

Posted in *All Posts, Litigation, Statute of Limitations

The doctrine of substantial compliance

Posted in *All Posts, Litigation, Statute of Limitations

Trial courts are empowered with broad discretion to reject a request for an adjournment that is ill founded or designed only to create delay

Posted in *All Posts, Adjournment, Litigation, Motions

A party seeking discovery may move for dismissal or suppression of the other party’s pleadings without prejudice if the other party has not provided discovery

Posted in *All Posts, Discovery, Litigation, Motions, Sanctions

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Westfield, NJ 07090
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www.KostroLaw.com
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