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ARCHBROOK LAGUNA, LLC v. MARSH

DOCKET NO. A-5254-08T3.

997 A.2d 1035 (2010)

414 N.J. Super. 97

ARCHBROOK LAGUNA, LLC, formerly known as BDI Laguna, Inc., Plaintiff-Appellant, v. Charles L. MARSH, Defendant/Third-Party Plaintiff-Respondent, v. Peter Castenfelt, Jay Wertheimer, Klaus Kirchberger and Peter Handy, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 17, 2010.

Attorney(s) appearing for the Case

Thomas C. Goldstein (Akin, Gump, Strauss, Hauer & Feld) of the Washington, D.C. bar, admitted pro hac vice, argued the cause for appellant (Nicoll, Davis & Spinella, Paramus and Mr. Goldstein, attorneys; Mr. Goldstein, of counsel; Daniel F. McInnis (Akin, Gump, Strauss, Hauer & Feld) of the Washington, D.C. bar, admitted pro hac vice; Allison Walsh Sheedy (Akin, Gump, Strauss, Hauer & Feld) of the Washington, D.C. bar, admitted pro hac vice and Jack T. Spinella, on the brief).

Steven Hall (Baker, Donelson, Bearman, Caldwell & Berkowitz) of the Georgia bar, admitted pro hac vice, Atlanta, GA, argued the cause for respondent (Kraemer, Burns, Mytelka, Lovell & Kulka, Springfield, and Mr. Hall, attorneys; Mr. Hall and Wayne D. Greenfeder, Springfield, of counsel and on the brief).

Before Judges FISHER, SAPP-PETERSON and ESPINOSA.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we conclude that the trial judge correctly dismissed this action pursuant to the entire controversy doctrine because plaintiff failed to pursue the claims asserted here in an action previously pending in Georgia state court.

BDI Laguna, Inc. (BDIL) commenced this action against Charles L. Marsh, its former president and a resident of...

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