Woodward-Clyde Consultants v. Chemical & Pollution Sciences, Inc.

The opinion of the Court was delivered by

POLLOCK, Justice.

This appeal requires us to decide whether a dismissal of a counterclaim for failure to comply with a discovery order was with or without prejudice and whether the dismissal violates the entire controversy doctrine. The Law Division’s order recited that the counterclaim is “dismissed for failure to comply” with an earlier order directing the defendant to make discovery. In an unreported decision, the Appellate Division assumed that the counterclaim was dismissed with prejudice, modified the dismissal to one without prejudice, and…