Blog Archives

Generally, plaintiffs are entitled to choose the forum; the burden is placed on the objecting defendant to demonstrate that the plaintiff’s forum is inappropriate

Posted in *All Posts, Litigation

Forum selection clauses are prima facie valid and enforceable in New Jersey

Posted in *All Posts, Litigation

New Jersey courts generally yield to the court first acquiring jurisdiction over a case or controversy

Posted in *All Posts, Defense, Litigation

When a defendant asserts lack of personal jurisdiction, the plaintiff bears the burden of demonstrating that the defendant’s contacts with the forum state are sufficient to confer personal jurisdiction on the court

Posted in *All Posts, Defense, Litigation, Personal Jurisdiction

A court must dismiss the plaintiff’s complaint if it has failed to articulate a legal basis entitling plaintiff to relief

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

Litigants are free to represent themselves if they so choose, but in exercising that choice they must understand that they are required to follow accepted rules of procedure

Posted in *All Posts, Litigation, Rules to follow

On a motion for summary judgment, the moving party, initially is responsible for showing the absence of disputed, material facts, and failure to file the required statement alone warrants denial of the movant’s motion

Posted in *All Posts, Litigation, Summary Judgment

It is plaintiff’s burden to prove causation by a preponderance of the evidence; defendant is not required to testify or to call any fact or expert witness on his own behalf

Posted in *All Posts, Burden of Proof, Evidence, Expert Testimony, Litigation, Negligence, Torts

The decision granting or denying an application to open a judgment will be left undisturbed unless it represents a clear abuse of discretion

Posted in *All Posts, Litigation, Motions, Relief from judgment

Pro se (self-represented) litigants

Posted in *All Posts, Litigation, Rules to follow

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