white papers  |  beat new jersey's entire controversy doctrine

HOW TO BEAT NEW JERSEY'S ENTIRE CONTROVERSY DOCTRINE

by Gregory J. Schwartz, ESQ.
Schwartz | Kelly LLC

If you are out-of-state counsel looking to file a lawsuit in New Jersey, you may have wrestled with or stumbled upon New Jersey's Entire Controversy Doctrine. The unique doctrine has been the death-knell of many civil actions in New Jersey by virtue of the parties' failure to comply with the Entire Controversy Doctrine's overriding policy mandates. But while the Entire Controversy Doctrine is a powerful procedural bar to many actions, it is a beatable doctrine with careful planning, precise pleadings and a healthy dose of fortitude.

This Firm has successfully defeated the Entire Controversy Doctrine.¹ It has a detailed working knowledge of the more than 50 reported Entire Controversy Doctrine cases in New Jersey. Although it is difficult to offer a blueprint for how to defeat the doctrine in any litigation, this article summarizes the Entire Controversy Doctrine's core requirements. The article also offers suggestions for how to comply with these requirements and then dissects the parameters of the Entire Controversy Doctrine in order to present a workable plan for defeating the doctrine's broad reach.  Please contact us for a copy of the entire article.