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

If there is one case that every New Jersey litigator, and even most non-litigators, know, it is Brill v. Guardian Life Ins. Co., 142 N.J. 520 (1995).  That opinion, written by Justice Coleman for a unanimous Supreme Court, was issued on October 24, 1995.  Westlaw shows that the case has had 15,635 citing references since then.

Brill updated the standard for summary judgment, for which Judson v. Peoples Bank & Trust Co. of Westfield, 17 N.J. 67 (1954), had long been the leading case.  Fo