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...
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...
In complex litigation the question often arises of whether expert testimony is necessary to prove any elements of a litigant's claims or defenses. Cases are often won and lost on the basis of expert testimony. Now that you've made the decision to hire an expert will his or her testimony be admissible at trial? New Jersey Rule of Evidence (N.J.R.E....
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