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Tag: motion to dismiss

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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