New Jersey Supreme Court Severely Limits the Laches Defense for Claims Brought Within the Statute of Limitations

“Laches” is a fairness defense invoked to defend a claim because it was brought following a prejudicial, unexplainable, and inexcusable delay in time, even though brought within the applicable statute of limitations. In Millman v. Polymer Packing, Inc., 2012 N.J. LEXIS 677 (N.J. June 20, 2012), the New Jersey Supreme Court also concluded that the laches defense is unavailable (except perhaps in the rarest of circumstances) to challenge an action at law that was brought within the statute of limitations. This ruling may limit an employer’s ability to defend against sexual harassment claims that are considered timely by virtue of the continuing violation doctrine but involve events that allegedly occurred long before the claim was asserted.