In a 5 to 1 decision issued on April 26, 2016, the New Jersey Supreme Court reversed a $397,000 legal fee awarded against the surviving spouse found to have committed undue influence with respect to her late husband's estate to the detriment of the children of his first marriage. In the Matter of the Estate of Adrien J. Folcher, Case No. 2014-074...
In this post we examine the statute of limitations applied to a bankruptcy trustee's ability to pursue fraudulent asset transfer claims also known as "clawback" claims. (This is distinct from preferential payments received by a creditor within 90 days of the debtor's bankruptcy filing - a time period where the law presumes the debtor to be insolv...
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...
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...
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