The New Jersey Supreme Court in Bank Leumi USA v. Kloss, Docket No. 083372, 2020 WL 4091413 (N.J. Sup. Ct. July 21, 2020), recently provided clear guidance to defendants who seek to file a pre-answer motion to dismiss, but have claims of their own and do not want to run afoul of New Jersey’s Entire Controversy Doctrine (ECD) and lose the right to later assert those claims. The court held that the ECD does not bar a party who files a successful pre-answer motion to dismiss from later asserting claims that arise from the same transactional facts. The clarity provided by the court’s decision should better enable practitioners to recommend the most efficient and effective means by which their clients may assert any claims they may have against a plaintiff who sues them first.
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August 13, 2020 at 11:00PM
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NJ Supreme Court's Entire Controversy Doctrine Ruling: What Attorneys Need to Know | New Jersey Law Journal - Law.com
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