Manalapan Realty v. Tp. Committee

Holding that a requirement of being substantially consistent with a master plan does not mean one hundred percent consistency

Knorr v. Smeal

Holding that equitable estoppel and laches barred the granting of motion to dismiss for failure to file a timely affidavit where the defendant waited 14 months to file the motion, during which time the parties engaged in extensive discovery

Hubbard v. Reed

Holding that no affidavit of merit need be filed in "common knowledge" malpractice cases

Alan J. Cornblatt, P.A. v. Barow

Holding that the submission of a certificate instead of, or in addition to, the affidavit does not violate the AOM statute

Nuveen Mun. Trust ex rel. Nuveen High Yield Municipal Bond Fund v. Withumsmith Brown, P.C.

Holding that whether an action would have a conceivable effect on the bankrupt estate "is determined at the time a lawsuit is filed"

Ferreira v. Rancocas Orthopedic Associates

Holding that "counsel's carelessness in misfiling defendant's answer and failing to calendar matter does not constitute an extraordinary circumstance"

Green v. Morgan Props.

Affirming denial of defendant's motion to dismiss under Rule 4:6–2(e) on ground that plaintiff had presented prima facie evidence of “unlawful commercial practice,” based upon allegation that defendant required execution of contract of adhesion incorporating unreasonable attorneys' fee provision

Velantzas v. Colgate-Palmolive Co.

Holding that employee demanding her personnel file stated cause of action under the Law Against Discrimination, N.J.S.A. 10:5, by alleging that "she was discharged for seeking to establish a gender discrimination claim"

Galik v. Clara Maass Medical Center

Holding that there had been substantial compliance with the statute where plaintiff served unsworn expert reports on the defendants eight months prior to litigation, and plaintiff's counsel explained that he thought he had exceeded his obligations under the Affidavit of Merit Statute

Couri v. Gardner

Holding that it is not the label attached to the claim, but the substance of that claim which should inform the application of the AMS

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Section 2A:53A-27 - Affidavit of lack of care in action for professional, medical malpractice or negligence; requirements

Requiring the affidavit "of an appropriate licensed person"

Section 2A:53A-26 - "Licensed person" defined

Listing as a "licensed person" "a physician in the practice of medicine or surgery"

Section 2A:53A-29 - Noncompliance deemed failure to state cause of action

Setting forth the consequence for a plaintiff's failure to provide an AOM

Section 2A:53A-28 - Affidavit not required; conditions

Detailing statutory exceptions

Rule 702 - Testimony by Experts