A Capehart Scatchard Blog

Tag: motion to dismiss

Civil Rights Complaint Dismissed Because Group Pleading Filed Against Public Officials and Police Officers

By on October 10, 2025 in Civil Lawsuits, NJ Litigation with 0 Comments
Civil Rights Complaint Dismissed Because Group Pleading Filed Against Public Officials and Police Officers

This matter arose due to a dispute in 2021 between plaintiff Kelsey Kelly and her ex-husband, defendant Karl Kelly, which led to plaintiff’s arrest and criminal charges being filed against her.  While preparing for a trip to Texas, plaintiff entered her motor vehicle and removed two handguns from the trunk.  At that time, her ex-husband […]

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Shooting Victim’s Failure to Show Newark PD’s Custom of Excessive Force Allows District Court to Dismiss Complaint

By on September 18, 2025 in Liability, NJ Litigation with 0 Comments
Shooting Victim’s Failure to Show Newark PD’s Custom of Excessive Force Allows District Court to Dismiss Complaint

On New Year’s Eve in 2020, three undercover detectives of the Newark Police Department (NPD) were patrolling a high-crime area in their unmarked vehicle. Upon hearing what sounded like gunshots, they sped to the location they believed the gunshots came from. One detective exited the car with his gun drawn, accidentally bumped into a man […]

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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, NJ Litigation 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, NJ Litigation with 5 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

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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