John H. MRUZ, Vasilike D. Nika, and Jane A. Johnson, Plaintiffs,
v.
CARING, INC., Caring Residential Services, Inc., Caringhouse Projects, Inc., Caring Medical Day Services, Inc., Caring Fellowship Centers, Inc., Caring International, Inc., Comprehensive Eldercaring, Inc., Coastal Support Services, Inc., Ann J. Underland, Carlisle W. Underland, Garfield L. Greene, Lewis W. Field, Mary E. Haynie, Ian Meklinsky, Esq, O'Brien & Frankel, Defendants.
United States District Court, D. New Jersey.https://leagle.com/images/logo.png
March 23, 1999.
March 23, 1999.
Attorney(s) appearing for the Case
Susan B. Pliner, Gary Green, Steven H. Griffiths, Sidkoff, Pincus & Green, P.C., Merchantville, NJ, for John H. Mruz, Vasilike D. Nika, and Jane A. Johnson.
Patrick G. Brady, Jed M. Milstein, Carpenter, Bennett & Morrissey, Newark, NJ, for Caring, Inc., Caring Residential Services, Inc., Caring House Projects, Inc., Caring Medical Day Services, Inc., Caring Fellowship Centers, Inc., Caring International, Inc., Comprehensive ElderCaring, Inc., Coastal Support Services, Inc., Ann J. Underland, Carlisle W. Underland, Garfield L. Greene, Lewis W. Field, and Mary E. Haynie.
Paul A. Rowe, Alan S. Naar, Gary K. Wolinetz, Andrew M. Baer, Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, L.L.P., Woodbridge, NJ, Ian Meklinsky, Fox, Rothschild, O'Brien & Frankel.
United States District Court, D. New Jersey.
OPINION
ORLOFSKY, District Judge.
This case presents the novel question of whether a litigant may pursue a state law remedy for the filing of a frivolous claim when the claim arises under federal law and this Court's subject matter jurisdiction is based upon a federal question.1 For the reasons set forth below, I hold that, because the jurisdictional basis for the alleged frivolous claim is this Court's federal question jurisdiction...
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