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  • Bank Leumi USA v. Kloss

    Publication Date: 2020-07-21
    Practice Area: Creditors' and Debtors' Rights
    Industry:
    Court: New Jersey Supreme Court
    Judge: Justice Vina
    Attorneys: For plaintiff:
    for defendant:
    Case Number: (A-32-19) (083372)

    The court addressed a question of law certified by the Third Circuit asking whether a party who filed, in lieu of an answer, a motion to dismiss for failure to state a claim that the court granted with prejudice would be subject to claim preclusion in a later suit arising from the same transaction facts when the defendant in that suit asserted the entire controversy doctrine as an affirmative defense.