effort claim (New Jersey) · Go Syfert
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effort claim in New Jersey

7 New Jersey opinions name it 1 courts 2017–2024 2 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Hoffman v. Hampshire Labs, Inc.green
njsuperctappdiv · 2009 · cited in 6 New Jersey opinions naming this issue, 2017–2024
2 sentences

2024A-2479-22 19 "Ordinarily, dismissal for failure to state a claim is without prejudice, and the court has discretion to permit a party to amend the pleading to allege additional facts in an effort to state a claim." Cona v. Twp. of Wash., 456 N.J. Super. 197, 214 (App. Div. 2018); see also Hoffman v. Hampshire Labs, Inc., 405 N.J. Super. 105, 116 (App. Div. 2009) (concluding that trial court correctly dismissed plaintiff's complaint for failing to state claims upon which relief could be granted but "erred by dismissing the complaint with prejudice" without providing "reasons for departing from

2018See Hoffman v. Hampshire Labs, Inc . , 405 N.J.

66
Cona v. Twp. of Wash.green
njsuperctappdiv · 2018 · cited in 2 New Jersey opinions naming this issue, 2024–2024
2 sentences

2024A-2479-22 19 "Ordinarily, dismissal for failure to state a claim is without prejudice, and the court has discretion to permit a party to amend the pleading to allege additional facts in an effort to state a claim." Cona v. Twp. of Wash., 456 N.J. Super. 197, 214 (App. Div. 2018); see also Hoffman v. Hampshire Labs, Inc., 405 N.J. Super. 105, 116 (App. Div. 2009) (concluding that trial court correctly dismissed plaintiff's complaint for failing to state claims upon which relief could be granted but "erred by dismissing the complaint with prejudice" without providing "reasons for departing from

2024"Ordinarily, dismissal for failure to state a claim is without prejudice, and the court has discretion to permit a party to amend the pleading to allege additional facts in A-3894-21 17 an effort to state a claim." Cona v. Twp. of Wash., 456 N.J. Super. 197, 214 (App. Div. 2018).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Johnson v. Glassman green
njsuperctappdiv · 2008
1 sentence

2024However, when "plaintiffs have not offered either a certification or a proposed amended pleading that would suggest their ability to cure the defects" in their complaint, Johnson, 401 N.J. Super. at 246 , or "an amendment would be a 'futile' and 'useless endeavor,'" Cona, 456 N.J. Super. at 214 (quoting Notte v. Merchs.

12024–2024

Statutes the citing opinions construe

NJ § N.J. Stat. § 10:6-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 18 (1893–2012) TX 7 (1990–2016) FL 7 (1978–2011) NJ 7 (2017–2024) OH 6 (1967–2022) IL 5 (1974–2025) MA 4 (1950–2026) MO 4 (1973–2021) CA 4 (1967–2025) AZ 3 (1984–1989) MI 3 (1981–2016) OR 3 (2020–2023) NV 3 (1981–1995) WA 2 (2001–2001) DC 2 (1983–2008) PA 2 (2008–2016) OK 2 (1971–2001) WY 2 (2010–2010) DE 2 (2020–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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