Blog Archives

Motion to dismiss for failure to state a claim


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

Substantial compliance with the affidavit of merit statute

Posted in *All Posts, Affidavit Of Merit, Expert Testimony, Legal Malpractice, Litigation

A mandatory injunction is an extraordinary remedy that is only granted sparingly by the courts

Posted in *All Posts, *Published case, Injunctive relief, Litigation

Parties must pursue available internal proceedings to conclusion before seeking judicial intervention

Posted in *All Posts, *Published case, Litigation, Sports Law

Judges generally should refrain from interfering with the internal matters of sports associations

Posted in *All Posts, *Published case, Litigation, Sports Law

A party who invokes the jurisdiction of the federal courts has the burden of demonstrating the court’s jurisdiction

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

A hearsay statement made by a party-opponent will not be excluded by the hearsay rule if it constitutes a statement by the party’s agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship

Posted in *All Posts, *Published case, Admission, Agency, Evidence, Hearsay, Litigation

Analysis of a trial court’s evidentiary ruling begins with the question of relevancy

Posted in *All Posts, *Published case, Evidence, Litigation

The fictitious name rule

Posted in *All Posts, *Published case, Fictitious Parties, Litigation

New Jersey has adopted the discovery rule to postpone the accrual of a cause of action when a plaintiff does not and cannot know the facts that constitute an actionable claim

Posted in *All Posts, Litigation, Statute of Limitations

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