A Capehart Scatchard Blog

Tag: motion to dismiss

New Jersey Appellate Division Reverses Trial Court’s Dismissal with Prejudice of Lawsuit Due to Failure to Answer Interrogatories

By on June 25, 2021 in Court Rulings with 0 Comments

Plaintiff Alexa Rivera, on her on behalf and on behalf of her minor children, filed a lawsuit due to injuries they suffered in an automobile accident in 2018 when her disabled vehicle was struck by a Mack truck owned by defendant Campbell’s Auto Express (“Campbell’s”). She filed a lawsuit, suing the driver, Donald Ayusa and […]

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When Can A Defendant Successfully File An Initial Motion To Dismiss Based Upon The Pleadings Versus A Motion For Summary Judgment?

By on December 28, 2018 in Litigation with 3 Comments

When a lawsuit is filed in New Jersey state court and the defendant believes that it has a strong defense against the claims asserted by the plaintiff, when is the best time to file a motion with the court asking for the lawsuit to be dismissed? Can the motion be filed immediately in lieu of […]

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Counterclaim Filed After Statute of Limitations Expired Permitted to “Relate Back” to Timely Filed Complaint

By on December 28, 2017 in Statute of Limitations with 0 Comments

In New Jersey, personal injury actions must be filed within two years of the accrual of the action. What happens if the complaint is filed on the last day of the statute of limitations and the defendant wishes to file a counterclaim arising out of the same incident? Is the counterclaim barred? That was the […]

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