Third Circuit Declares that Preparing a Complaint Is Tough and Plaintiffs Sometimes Deserve Another Bite at the Apple
- Alexander J. Kemeny
- Oct 31
- 3 min read
Third Circuit’s Ruling in Oxford House Shows Why You Need the Right New Jersey Lawyers From the Start and How Tenacity Can Be Critical in Litigation

Filing a civil lawsuit properly can be surprisingly complex. Even when there are facts that strongly supports a plaintiff's claims, the law is clear, and the harm is real, a poorly drafted complaint can sink a case before it even starts. In its October 24, 2025 decision in Oxford House Inc. v. Township of North Bergen, the U.S. Court of Appeals for the Third Circuit reminded litigants—and the courts—that dismissals should not always be the final word.
Background: Oxford House’s Legal Battle in New Jersey
Oxford House, a nonprofit that arranges sober living homes for individuals recovering from substance abuse, leased a two-family home in North Bergen, New Jersey. Before residents could move in, the Township denied their required Certificate of Continuing Occupancy, claiming the use violated zoning laws. Oxford House believed this was discriminatory and filed suit under the Fair Housing Act (FHA), Americans with Disabilities Act (ADA), and New Jersey Law Against Discrimination (NJLAD).
After an initial denial of a preliminary injunction and a limited amendment to their complaint, the District Court dismissed the case with prejudice - thereby ending the case and foreclosing the Oxford House's ability to pursue its claims. The reason? The court believed Oxford House had already been told what was wrong with their claims and failed to fix them.
The Third Circuit Disagrees: Leave to Amend Shouldn’t Be Denied Lightly
On appeal, the Third Circuit acknowledged that Oxford House’s complaint had flaws but found that dismissing it with prejudice was too harsh. The appellate court emphasized:
"Drafting a complaint can be a challenging enterprise."
The court noted that while Oxford House had amended its complaint once, the changes were modest. The District Court's prior rulings, especially those focused on a preliminary injunction, did not provide enough clear guidance to justify denying further leave to amend. In short, the Third Circuit ruled that the plaintiff deserved a real chance to correct deficiencies in in its case. As such, the Third Circuit vacated the dismissal and sent the case back for further proceedings.
The decision illustrates how persistent, knowledgeable legal advocacy can revive a case that might otherwise be lost. Had it not been for Oxford's decision to appeal, the case would have ended with the District Court's dismissal.
Why This Matters for New Jersey Litigants
For anyone considering a lawsuit in New Jersey, this case highlights several key truths:
Civil complaints must be well-written and meet precise legal requirements. Courts can dismiss a case if the initial filing doesn’t meet legal standards.
Dismissal with prejudice is serious. It means you don’t get a second chance, unless you successfully appeal - which can be time consuming and costly.
Experienced New Jersey lawyers are essential. Knowing how to draft, amend, and defend a complaint can mean the difference between justice and a dead-end.
Tenacious legal advocacy can make all the difference. Having steadfast attorneys who know what to do when faced with a major setback can be there difference between failure and success.
If You’re Considering Civil Litigation in New Jersey, Don’t Go It Alone
Whether you’re facing discrimination, zoning disputes, business disagreements, or other civil conflicts, you need lawyers who understand the rules—and how to fight when the odds are stacked against you. At Kemeny, Ramp & Renaud, LLC, our attorneys provide clear, strategic legal guidance for plaintiffs and defendants in civil cases across New Jersey.
Contact us today to schedule a consultation. Let us help you make your case the right way.


