A trial court should not summarily dismiss an application for frivolous-lawsuit sanctions under New Jersey Court Rule 1:4-8 without first assessing the practicability of compliance with the rule’s safe harbor, the state Supreme Court ruled on Tuesday.
The justices, in Toll Brothers Inc. v. West Windsor, A-48-06, found the rule is not in conflict with the Frivolous Lawsuit Statute, N.J.S.A. 2A:15-59.1, since both advance the state’s policy interests of deterrence and reparations.
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