NL Industries, Inc. v. New Jersey

The opinion of the court was delivered by

KENNEDY, J.A.D.

By leave granted, defendant State of New Jersey (State) appeals an order of the Law Division denying its motion to dismiss the complaint for failure to state a claim upon which relief may be granted pursuant to R. 4:6-2(e). The State argues that the Law Division erred in rejecting “three separate legal defenses ... each of which would be dispositive of all counts of the complaint[.]”

We have considered the arguments of the State in light of the facts and the law, and we affirm the order of the motion court substantially for the reasons…