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A-32-19

A-32-19 Bank Leumi USA v. Edward J. Kloss (083372)

When a party filed, in lieu of an answer, a motion to dismiss under Rule 4:6-2(e) for failure to state a claim, and the court dismissed with prejudice, is that party subject to claim preclusion when—in a later suit that it files arising from the same transactional facts—the defendant asserts the entire controversy doctrine as an affirmative defense?

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  • Question of law certified by the U.S. Court of Appeals for the Third Circuit, accepted : Dec. 5, 2019
  • Posted: Dec. 5, 2019
  • Argued: April 27, 2020
  • Decided: July 21, 2020