Ricketti v. Barry, 775 F.3d 661 (3d Cir. 2015). State court judges see a lot of New Jersey’s entire controversy doctrine (“ECD”). Some federal judges, not so much. This opinion, issued yesterday by the Third Circuit, reversed a dismissal of a case under the ECD. That case was the second one filed by plaintiff that involved “the same common law causes of action and averred mostly the same supporting facts.” A prior action had been settled. In the second action, however, plaintiff named two defendants who had not been sued in the first action. The District...
Bruce D. Greenberg, a partner of Lite DePalma Greenberg & Afanador, LLC, has more than 35 years of appellate experience. He has argued dozens of cases in New Jersey’s Appellate Division, and he has handled oral arguments in the Supreme Court of New Jersey and the Third Circuit Court of Appeals as well. Mr. Greenberg’s appellate cases have ranged from . . more