When Motions In Limine Lead To Due Process Violations

Law360, New York (January 14, 2016, 2:28 PM EST) -- The Appellate Division of the Superior Court of New Jersey has recently held that a trial court's decision to grant a motion in limine that resulted in the dismissal of the plaintiffs' complaint deprived the plaintiffs of due process of law because they did not have a meaningful opportunity to respond. In Cho v. Trinitas Regional Medical Center, (App. Div. Dec. 30, 2015), the Appellate Division reversed the trial court's decision to grant defendant Dr. Hyeun Park's motion in limine to dismiss the plaintiffs' complaint. The Cho court determined that Park's motion in limine was in substance an untimely and improper motion for summary judgment, and the trial court's decision to grant it on the eve of trial deprived the plaintiffs of their right to due process of law....

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