Blog Posts

Res Judicata Applied in Federal Court – Been There And Done That

Res judicata, also known as claim preclusion, is the Latin term for "a matter already judged.  The doctrine prevents litigants from filing a second lawsuit to assert claims that have already been disposed of on the merits in an earlier lawsuit. See In re Mullarkey, 536 F.3d 215, 225 (3d Cir. 2008). It also bars claims that could have been brought...

Posted by , April 30, 2016 • Litigation

Revisiting the Standards to Dismiss a Complaint in Federal Court for Failure to State a Claim

In this post we explore the standards that govern motions to dismiss a federal court complaint for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6).   Particular emphasis is placed on decisions issued by the United States Supreme Court, and the U.S. Court of Appeals for the Third Circuit which includes the United States District Cour...

Posted by , April 29, 2016 • Litigation

NJ Ethics Case Against Facebook ‘Friending’ Lawyers Can Proceed

Facebook Ethics Case NJ In a novel ruling, the New Jersey Supreme Court unanimously declared that the Director of the Office of Attorney Ethics (OAE) is authorized to proceed with the prosecution of an ethics grievance against two New Jersey lawyers who caused a paralegal to 'friend" an adverse litigant on Facebook for the purpose of gathering der...

Posted by , April 24, 2016 • Professional Ethics

Effect Of Bankruptcy Discharge On Creditor’s Standing To Sue Transferee Under New Jersey’s Fraudulent Transfer Act

Picture this scenario: A debtor transfers his assets to his wife to avoid a creditor's judgment.  The debtor then discharges the creditor's judgment in a chapter 7 Bankruptcy.  Can the creditor independently sue the debtor's wife under New Jersey’s Fraudulent Transfer Act (“NJUFTA”), N.J.S.A. 25:2-20 et seq., to avoid the asset transfer e...

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