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Thursday, June 21, 2012

MARQUIS A. WALKER, ETC. VS. ILMIA CHOUDHARY, M.D., ET AL. A-1425-10T1


MARQUIS A. WALKER, ETC. VS. ILMIA CHOUDHARY,
 M.D., ET AL.
 A-1425-10T1

 In this appeal, we conclude that a dismissal against an
employee on the basis of the statute of limitations is not an
adjudication on the merits so as to bar the claims against the
principals.  
 We also determine that the matter shall be remanded to the
trial court for a Lopez hearing to determine whether the 
"relation-back" doctrine, Rule 4:9-3, is applicable and, if not,
whether, in the interest of justice, the Rule should be relaxed. 03-30-12