Category: Litigation

Test to determine ripeness of a controversy

The concept of “standing” refers to a party’s entitlement to maintain an action before the court

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

Where a defendant challenges an action for 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

It is ordinarily improper to grant summary judgment when a party’s state of mind, intent, motive or credibility is in issue

Jury trials are a bedrock part of our system of civil justice and that the fact-finding functions of a jury deserve a high degree of respect and judicial deference

A trial court’s reconsideration decision will be left undisturbed unless it represents a clear abuse of discretion

If the notice of appeal designates only the order entered on a motion for reconsideration, it is only that proceeding and not the order that generated the reconsideration motion that may be reviewed

The court may render summary judgment “on any issue in the action (including the issue of liability) although there is a genuine factual dispute as to any other issue (including any issue as to the amount of damages)

New Jersey utilizes a flexible governmental-interest to determine which state has the greater interest in governing the specific issue in the underlying litigation