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Dismissals Rules of Civil Procedure Appeals

Clark Hill PLC

New Jersey Appellate Division confirms timing options for filing a motion to dismiss pursuant to New Jersey Court Rule 4:6-2(e)

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In the recent case of Bank, et al. v. Lee, the New Jersey Appellate Division addressed a significant procedural issue regarding the timing for parties to file a motion to dismiss pursuant to New Jersey Court Rule 4:6-2(e)....more

Bennett Jones LLP

Ontario Court of Appeal Changes the Test Under Rule 24.01—The Passage of Time is Prejudicial

Bennett Jones LLP on

In Barbiero v Pollack, 2024 ONCA 904 (Barbiero) the Court of Appeal for Ontario upheld the motion judge’s dismissal of a class proceeding for delay under Rule 24.01 of the Rules of Civil Procedure. The plaintiff had not set...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit

In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more

Smart & Biggar

Ontario Superior Court dismisses summary judgment motion in Lansoprazole Section 8 Claim

Smart & Biggar on

On February 27, 2017, the Ontario Superior Court of Justice (2017 ONSC 1348) dismissed a motion for summary judgment brought by Abbott Laboratories and Takeda Pharmaceuticals, the defendants in an action for damages brought...more

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