newly asserted claim in New Jersey

44 New Jersey opinions name it 3 courts 1995–2026 12 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 (12)

Case	Followed	Cited
Interchange State Bank v. Rinaldigreen njsuperctappdiv · 1997 · cited in 31 New Jersey opinions naming this issue, 1998–2026 2 sentences 2026Courts may deny leave to amend "when the newly asserted claim is not sustainable as a matter of law," since there is "no point to permitting the filing of an amended pleading when a subsequent motion to dismiss must be granted." Interchange State Bank v. Rinaldi, 303 N.J. 2025Courts are thus "free to refuse leave to amend when the newly asserted claim is not sustainable as a matter of law . . . [because] a subsequent motion to dismiss must be granted." Notte, 185 N.J. at 501 -02 (quoting Interchange State Bank v. Rinaldi, 303 N.J.	20	31
Notte v. Merchants Mutual Insurancegreen nj · 2006 · cited in 20 New Jersey opinions naming this issue, 2013–2025 2 sentences 2025Courts are thus "free to refuse leave to amend when the newly asserted claim is not sustainable as a matter of law . . . [because] a subsequent motion to dismiss must be granted." Notte, 185 N.J. at 501 -02 (quoting Interchange State Bank v. Rinaldi, 303 N.J. 2025A court may deny the A-3524-23 37 application if "the newly asserted claim is not sustainable as a matter of law [,]" as "there is no point to permitting the filing of an amended pleading when a subsequent motion to dismiss must be granted." Ibid. (quoting Interchange State Bank v. Rinaldi, 303 N.J.	4	20
Mustilli v. Mustilligreen njsuperctappdiv · 1995 · cited in 10 New Jersey opinions naming this issue, 1997–2026 2 sentences 2015Courts are empowered to refuse leave "when the newly asserted claim is not sustainable as a matter of law." There is no point to permitting the filing of a pleading "when a subsequent motion to dismiss must be granted.” Interchange State Bank v. Rinaldi, 303 N.J.Super. 239, 256-57 , 696 A.2d 744 (App.Div.1997) (citing Mustilli v. Mustilli, 287 N.J.Super. 605, 607 , 671 A.2d 650 (Ch.Div.1995)). 2015Courts are empowered to refuse leave "when the newly asserted claim is not sustainable as a matter of law." There is no point to permitting the filing of a pleading "when a subsequent motion to dismiss must be granted.” Interchange State Bank v. Rinaldi, 303 N.J.Super. 239, 256-57 , 696 A.2d 744 (App.Div.1997) (citing Mustilli v. Mustilli, 287 N.J.Super. 605, 607 , 671 A.2d 650 (Ch.Div.1995)).	4	10
Bonczek v. Carter-Wallace, Inc.green njsuperctappdiv · 1997 · cited in 2 New Jersey opinions naming this issue, 1998–2025 2 sentences 1998For example, the court may consider whether or not the newly asserted claim “would unduly prejudice any party to the action,” Molnar v. Hedden, 138 N.J. 96, 102 , 649 A.2d 71 (1994), would survive a motion to dismiss on the merits, Interchange State Bank v. Rinaldi, 303 N.J.Super. 239, 257 , 696 A.2d 744 (App.Div.1997), would cause undue delay of the trial, State v. Standard Tank Cleaning Corp., 284 N.J.Super. 381, 396 , 665 A.2d 753 (App.Div.1995), would be a mere effort to avoid the strictures of another, applicable rule of law, see Bonczek v. Carter-Wallace, Inc., 304 N.J.Super. 593, 602 , 1998For example, the court may consider whether or not the newly asserted claim “would unduly prejudice any party to the action,” Molnar v. Hedden, 138 N.J. 96, 102 , 649 A.2d 71 (1994), would survive a motion to dismiss on the merits, Interchange State Bank v. Rinaldi, 303 N.J.Super. 239, 257 , 696 A.2d 744 (App.Div.1997), would cause undue delay of the trial, State v. Standard Tank Cleaning Corp., 284 N.J.Super. 381, 396 , 665 A.2d 753 (App.Div.1995), would be a mere effort to avoid the strictures of another, applicable rule of law, see Bonczek v. Carter-Wallace, Inc., 304 N.J.Super. 593, 602 ,	1	2
Prime Accounting Department v. Township of Carney's Pointgreen nj · 2013 · cited in 2 New Jersey opinions naming this issue, 2024–2025 2 sentences 2025Dep't v. Twp. of Carney's Point, 212 N.J. 493, 511 (2013) (quoting Notte v. Merchs. 2024Dept., 212 N.J. at 511 (quoting Notte, 185 N.J. at 501 ). "'"[C]ourts are free to refuse leave to amend when the newly asserted claim is not sustainable as a matter of law. . . . [T]here is no point to permitting the filing of an amended pleading when a subsequent motion to dismiss must be granted."'" Ibid. (alterations in original) (quoting Notte, 185 N.J. at 501-02 ).	1	2
City Check Cashing v. Nat. St. Bk.green njsuperctappdiv · 1990 · cited in 2 New Jersey opinions naming this issue, 1995–2018 2 sentences 2018Div. 1995) (concluding “that courts are free to refuse leave to amend when the newly asserted claim is not sustainable as a matter of law”); City Check Cashing, Inc. v. National State Bank, 244 N.J. 1995Super. 304, 308-309 , 582 A. 2d 809 (App.Div. 1990), but it is also true that courts are free to refuse leave to amend when the newly asserted claim is not sustainable as a matter of law.	1	2
Kernan v. One Washington Park Urban Renewal Associatesgreen nj · 1998 · cited in 1 New Jersey opinions naming this issue, 2020–2020 1 sentence 2020Yet, "courts are free to refuse leave to amend when the newly asserted claim is not sustainable as a matter of law. . . . [T]here is no point to permitting the filing of an amended pleading when a subsequent motion to dismiss must be granted." Id. at 511 (alteration in original) (quoting Notte v. Merchs.	1	1
Du-Wel Products v. US Fire Ins.green njsuperctappdiv · 1989 · cited in 1 New Jersey opinions naming this issue, 2019–2019 1 sentence 2019Co., 236 N.J.	1	1
Hansen v. Hansengreen njsuperctappdiv · 2001 · cited in 1 New Jersey opinions naming this issue, 2018–2018 1 sentence 2018“In exercising that discretion, if the judge is satisfied that the newly asserted claim is not sustainable as a matter of law, he or she may refuse leave to amend.” Hansen 5 Defendant did not object the proposed amendment that it sought to correct the typographical error in the Complaint by substituting the 2016 tax year for the 2017 tax year. 6 v. Hansen, 339 N.J.	1	1
City of Newark v. County of Essexgreen nj · 1979 · cited in 1 New Jersey opinions naming this issue, 2015–2015 2 sentences 2015State v. Tischio, 107 N.J. 504, 510 , 527 A.2d 388 (1987); see also City of Newark v. County of Essex, 160 N.J.Super. 105, 113 , 388 A.2d 1311 (App.Div.1978), (in construing a statute, the court must consider the legislative purpose) aff'd, 80 N.J. 143 , 402 A.2d 916 (1979); Headen v. Jersey City Bd. of Educ., 212 N.J. 437, 448 , 55 A.3d 65 (2013). 2015State v. Tischio, 107 N.J. 504, 510 , 527 A.2d 388 (1987); see also City of Newark v. County of Essex, 160 N.J.Super. 105, 113 , 388 A.2d 1311 (App.Div.1978), (in construing a statute, the court must consider the legislative purpose) aff'd, 80 N.J. 143 , 402 A.2d 916 (1979); Headen v. Jersey City Bd. of Educ., 212 N.J. 437, 448 , 55 A.3d 65 (2013).	1	1
City of Newark v. County of Essexgreen njsuperctappdiv · 1978 · cited in 1 New Jersey opinions naming this issue, 2015–2015 2 sentences 2015State v. Tischio, 107 N.J. 504, 510 , 527 A.2d 388 (1987); see also City of Newark v. County of Essex, 160 N.J.Super. 105, 113 , 388 A.2d 1311 (App.Div.1978), (in construing a statute, the court must consider the legislative purpose) aff'd, 80 N.J. 143 , 402 A.2d 916 (1979); Headen v. Jersey City Bd. of Educ., 212 N.J. 437, 448 , 55 A.3d 65 (2013). 2015State v. Tischio, 107 N.J. 504, 510 , 527 A.2d 388 (1987); see also City of Newark v. County of Essex, 160 N.J.Super. 105, 113 , 388 A.2d 1311 (App.Div.1978), (in construing a statute, the court must consider the legislative purpose) aff'd, 80 N.J. 143 , 402 A.2d 916 (1979); Headen v. Jersey City Bd. of Educ., 212 N.J. 437, 448 , 55 A.3d 65 (2013).	1	1
Vandi v. Permanente Medical Group, Inc.green calctapp · 1992 · cited in 1 New Jersey opinions naming this issue, 1998–1998 2 sentences 1998For example, the court may consider whether or not the newly asserted claim “would unduly prejudice any party to the action,” Molnar v. Hedden, 138 N.J. 96, 102 , 649 A.2d 71 (1994), would survive a motion to dismiss on the merits, Interchange State Bank v. Rinaldi, 303 N.J.Super. 239, 257 , 696 A.2d 744 (App.Div.1997), would cause undue delay of the trial, State v. Standard Tank Cleaning Corp., 284 N.J.Super. 381, 396 , 665 A.2d 753 (App.Div.1995), would be a mere effort to avoid the strictures of another, applicable rule of law, see Bonczek v. Carter-Wallace, Inc., 304 N.J.Super. 593, 602 , 1998For example, the court may consider whether or not the newly asserted claim “would unduly prejudice any party to the action,” Molnar v. Hedden, 138 N.J. 96, 102 , 649 A.2d 71 (1994), would survive a motion to dismiss on the merits, Interchange State Bank v. Rinaldi, 303 N.J.Super. 239, 257 , 696 A.2d 744 (App.Div.1997), would cause undue delay of the trial, State v. Standard Tank Cleaning Corp., 284 N.J.Super. 381, 396 , 665 A.2d 753 (App.Div.1995), would be a mere effort to avoid the strictures of another, applicable rule of law, see Bonczek v. Carter-Wallace, Inc., 304 N.J.Super. 593, 602 ,	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

Case	Cited	Years
BUILD. MATERIALS v. Allstate Ins. green njsuperctappdiv · 2012 2 sentences 2019"Other considerations include whether the newly- asserted claim would unduly prejudice the opposing party, survive a motion to A-3127-17T1 7 dismiss on the merits, cause undue delay of the trial, or constitute an effort to avoid another applicable rule of law." Id. at 485 . 2019"Other considerations include whether the newly-asserted claim would unduly prejudice the opposing party, survive a motion to dismiss on the merits, cause undue delay of the trial, or constitute an effort to avoid another applicable rule of law." Id. at 485 . "[A]n exercise of . . . discretion will be sustained where the trial [judge] refuses to permit new claims . . . to be added late in the litigation and at a point at which the rights of other parties to a modicum of expedition will be prejudicially affected." Du-Wel Prods., Inc. v. U.S. Fire Ins.	2	2019–2019
City Check Cashing, Inc. v. National State Bank green nj · 1990 1 sentence 2018Super. 304, 309 (App. Div. 1990), certif. denied, 122 N.J. 389 (1990) (concluding that “the motion to amend was properly denied because on the merits it is clear that the claim alleged in the proposed amendment must fail”).	1	2018–2018
Headen v. Jersey City Board of Education green nj · 2012 2 sentences 2015State v. Tischio, 107 N.J. 504, 510 , 527 A.2d 388 (1987); see also City of Newark v. County of Essex, 160 N.J.Super. 105, 113 , 388 A.2d 1311 (App.Div.1978), (in construing a statute, the court must consider the legislative purpose) aff'd, 80 N.J. 143 , 402 A.2d 916 (1979); Headen v. Jersey City Bd. of Educ., 212 N.J. 437, 448 , 55 A.3d 65 (2013). 2015State v. Tischio, 107 N.J. 504, 510 , 527 A.2d 388 (1987); see also City of Newark v. County of Essex, 160 N.J.Super. 105, 113 , 388 A.2d 1311 (App.Div.1978), (in construing a statute, the court must consider the legislative purpose) aff'd, 80 N.J. 143 , 402 A.2d 916 (1979); Headen v. Jersey City Bd. of Educ., 212 N.J. 437, 448 , 55 A.3d 65 (2013).	1	2015–2015
State v. Tischio green nj · 1987 2 sentences 2015State v. Tischio, 107 N.J. 504, 510 , 527 A.2d 388 (1987); see also City of Newark v. County of Essex, 160 N.J.Super. 105, 113 , 388 A.2d 1311 (App.Div.1978), (in construing a statute, the court must consider the legislative purpose) aff'd, 80 N.J. 143 , 402 A.2d 916 (1979); Headen v. Jersey City Bd. of Educ., 212 N.J. 437, 448 , 55 A.3d 65 (2013). 2015State v. Tischio, 107 N.J. 504, 510 , 527 A.2d 388 (1987); see also City of Newark v. County of Essex, 160 N.J.Super. 105, 113 , 388 A.2d 1311 (App.Div.1978), (in construing a statute, the court must consider the legislative purpose) aff'd, 80 N.J. 143 , 402 A.2d 916 (1979); Headen v. Jersey City Bd. of Educ., 212 N.J. 437, 448 , 55 A.3d 65 (2013).	1	2015–2015
Kimmel v. Dayrit green nj · 1998 2 sentences 2012Kimmel v. Dayrit, 154 N.J. 337, 343 , 712 A. 2d 1129 (1998). 2012Kimmel v. Dayrit, 154 N.J. 337, 343 , 712 A. 2d 1129 (1998).	1	2012–2012
Molnar v. Hedden green nj · 1994 2 sentences 1998For example, the court may consider whether or not the newly asserted claim “would unduly prejudice any party to the action,” Molnar v. Hedden, 138 N.J. 96, 102 , 649 A.2d 71 (1994), would survive a motion to dismiss on the merits, Interchange State Bank v. Rinaldi, 303 N.J.Super. 239, 257 , 696 A.2d 744 (App.Div.1997), would cause undue delay of the trial, State v. Standard Tank Cleaning Corp., 284 N.J.Super. 381, 396 , 665 A.2d 753 (App.Div.1995), would be a mere effort to avoid the strictures of another, applicable rule of law, see Bonczek v. Carter-Wallace, Inc., 304 N.J.Super. 593, 602 , 1998For example, the court may consider whether or not the newly asserted claim “would unduly prejudice any party to the action,” Molnar v. Hedden, 138 N.J. 96, 102 , 649 A.2d 71 (1994), would survive a motion to dismiss on the merits, Interchange State Bank v. Rinaldi, 303 N.J.Super. 239, 257 , 696 A.2d 744 (App.Div.1997), would cause undue delay of the trial, State v. Standard Tank Cleaning Corp., 284 N.J.Super. 381, 396 , 665 A.2d 753 (App.Div.1995), would be a mere effort to avoid the strictures of another, applicable rule of law, see Bonczek v. Carter-Wallace, Inc., 304 N.J.Super. 593, 602 ,	1	1998–1998
State, Department of Environmental Protection v. Standard Tank green njsuperctappdiv · 1995 2 sentences 1998For example, the court may consider whether or not the newly asserted claim “would unduly prejudice any party to the action,” Molnar v. Hedden, 138 N.J. 96, 102 , 649 A.2d 71 (1994), would survive a motion to dismiss on the merits, Interchange State Bank v. Rinaldi, 303 N.J.Super. 239, 257 , 696 A.2d 744 (App.Div.1997), would cause undue delay of the trial, State v. Standard Tank Cleaning Corp., 284 N.J.Super. 381, 396 , 665 A.2d 753 (App.Div.1995), would be a mere effort to avoid the strictures of another, applicable rule of law, see Bonczek v. Carter-Wallace, Inc., 304 N.J.Super. 593, 602 , 1998For example, the court may consider whether or not the newly asserted claim “would unduly prejudice any party to the action,” Molnar v. Hedden, 138 N.J. 96, 102 , 649 A.2d 71 (1994), would survive a motion to dismiss on the merits, Interchange State Bank v. Rinaldi, 303 N.J.Super. 239, 257 , 696 A.2d 744 (App.Div.1997), would cause undue delay of the trial, State v. Standard Tank Cleaning Corp., 284 N.J.Super. 381, 396 , 665 A.2d 753 (App.Div.1995), would be a mere effort to avoid the strictures of another, applicable rule of law, see Bonczek v. Carter-Wallace, Inc., 304 N.J.Super. 593, 602 ,	1	1998–1998
State v. Compton green nj · 1998 1 sentence 1998For example, the court may consider whether or not the newly asserted claim “would unduly prejudice any party to the action,” Molnar v. Hedden, 138 N.J. 96, 102 , 649 A.2d 71 (1994), would survive a motion to dismiss on the merits, Interchange State Bank v. Rinaldi, 303 N.J.Super. 239, 257 , 696 A.2d 744 (App.Div.1997), would cause undue delay of the trial, State v. Standard Tank Cleaning Corp., 284 N.J.Super. 381, 396 , 665 A.2d 753 (App.Div.1995), would be a mere effort to avoid the strictures of another, applicable rule of law, see Bonczek v. Carter-Wallace, Inc., 304 N.J.Super. 593, 602 ,	1	1998–1998

Statutes the citing opinions construe

NJ § N.J. Stat. § 10:5-1 (3) NJ § N.J. Stat. § 56:8-1 (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

KS 80 (2000–2026) NJ 44 (1995–2026) NY 4 (1989–2022) GA 2 (2002–2002) MI 2 (2004–2011) CA 2 (2023–2023)

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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