Thabo v. Z Transportation, ___ N.J. Super. ___ (App. Div. 2017).  Under Rule 4:23-5, failure to make discovery can, in certain circumstances, result in dismissal of a complaint with prejudice.  But Rule 4:23-5 contains “strict notice requirements”  that embody “due process protections,” as Judge Fuentes said in his opinion today in this appeal.  In this breach of contract case, where the Law Division granted dismissal with prejudice, the panel criticized cou

Hamer v. Neighborhood Housing Services of Chicago, ___ U.S. ___ (2017).  In Bowles v. Russell, 551 U.S. 205 (2007), the Supreme Court of the United States explained that an appeal filing deadline mandated by statute is jurisdictional, meaning that a late filing requires dismissal of the appeal.  But a time limit contained in a rule of a court is not jurisdictional, and can be forfeited (most of us would say “waived,” but the Court explaine

Moon v. Breathless, Inc., ___ F.3d ___ (3d Cir. 2017).  At least since 2014, when the Supreme Court of New Jersey decided Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014) (discussed here), New Jersey law has been clear that contractual arbitration clauses must explicitly state that a party is waiving a jury trial as to statutory claims in order to be effective when that party