Legal Opinion

Liberty Mut. Ins. Co. v. Borgata Hotel Casino & Spa

New Jersey Superior Court Appellate Division

Decided October 27, 2017No. DOCKET NO. L-001491-16Published

1Opinion of the Court

MARCZYK, J.S.C.

*473*539NATURE OF PETITION AND CONTENTIONS OF THE PARTIES

This matter comes before the court by way of a petition for pre-suit discovery pursuant to Rule 4:11-1. In this application, the court is asked to consider a novel issue not previously addressed by our courts in New Jersey. Specifically, the court must determine whether an individual who expects to be named as a defendant in a lawsuit cognizable in this State may file a petition under Rule 4:11-1. The court will further address a recurring issue with respect to the propriety of utilizing this rule to obtain discovery to…

2Cases cited6 opinions

  1. Paul Martin and Verla Martin v. Reynolds Metals CorporationCourt of Appeals for the Ninth Circuit · 1961
  2. Petition of Hall by and Through HallSupreme Court of New Jersey · 1997
  3. In re FerkaufDistrict Court, S.D. New York · 1943
  4. Lippmann v. Hydro-Space Technology, Inc.New Jersey Superior Court Appellate Division · 1962
  5. Sturm v. FeiferNew Jersey Superior Court Appellate Division · 1982

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