A-32-19 | NJ Courts

A-32-19 Bank Leumi USA v. Edward J. Kloss (083372)

When a party filed, in lieu of an answer, a motion to dismiss under Rule 4:6-2(e) for failure to state a claim, and the court dismissed with prejudice, is that party subject to claim preclusion when—in a later suit that it files arising from the same transactional facts—the defendant asserts the entire controversy doctrine as an affirmative defense?

Question of law certified by the U.S. Court of Appeals for the Third Circuit, accepted
Posted
Argued
Decided

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Question of law certified by the U.S. Court of Appeals for the Third Circuit, accepted : Dec. 5, 2019
Posted: Dec. 5, 2019
Argued: April 27, 2020
Decided: July 21, 2020