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
