In This Issue:
- CFA Claim Brought By Borrower’s Spouse Precluded By Entire Controversy Doctrine
- New Jersey Appellate Division Affirms That Defendant in Foreclosure Action Lacks Standing to Challenge Assignment of Mortgage
- New Jersey Appellate Division Refuses to Vacate Sheriff Sale Based on Challenge to Notice of Sale
For the second time this Term, Sherman Wells has secured a victory for one of its clients in a case before the New Jersey Supreme Court. Julian W. Wells and Jordan D. Weinreich represented firm client Bank Leumi USA on an issue of first impression regarding the scope of the entire controversy doctrine. In a unanimous decision, the New Jersey Supreme Court held that the entire controversy doctrine does not bar a party who files a successful motion to dismiss for failure to state a claim from later asserting claims that arise from the same transactional facts.
Anthony J. Sylvester and Caitlin T. Shadek secure a win in the New Jersey Supreme Court for firm client TD Bank, and pave the road for limiting future claims against banks. The New Jersey Supreme Court, in a unanimous decision, reinstated the trial court’s decision dismissing claims against TD Bank, and reversed the Appellate Division’s decision permitting the plaintiffs to amend their complaint to add a claim under New Jersey’s Uniform Fiduciaries Law (”UFL”).