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 rule requires prior notice of intent to apply for sanctions, but the state's Frivolous Lawsuit Statute does not. The justices found the rule is not in conflict with the statute, since both advance state policy interests of deterrence and reparations.
April 05, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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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