Case Law Summaries

Soriano v. Hitchcock

UCC; SECURITY INTERESTS—Failure to dispose of collateral in a commercially reasonable manner may be of no consequence to the secured party if it can show that the collateral was worth less than the debt.

• Opinion Date: October 29, 2001
• Business Law

Pine Bush Equipment Co. Inc. v. Academy Auto Recyclers, Inc.

UCC—Either expiration of a filed financing statement or a good faith purchase of equipment from a dealer in such equipment relieves the buyer of a secured party’s lien.

• Opinion Date: July 12, 2001
• Business Law

Ryan v. Carmona Bolen Home for Funerals

TRADENAMES—A person may be enjoined from using his or her own name for his or her business if that use has the capacity for confusion with another well-known business.

• Opinion Date: May 24, 2001
• Business Law

State v. Marchiani

TRADEMARKS—New Jersey’s Trademark Counterfeiting Act is violated even if consumers know that a trademark is counterfeit.

• Opinion Date: February 2, 2001
• Business Law

Pepe v. Township of Plainsboro

TORT CLAIMS ACT; INDEMNIFICATION—A municipality’s independent contractor may be entitled to protection under a contract that extends immunity to it and its agents, but not where the indemnity only protects against the indemnitor’s negligence.

• Opinion Date: February 26, 2001
• Business Law

Smith v. Southern New England Telephone Co.

TELECOMMUNICATIONS—A telephone carrier is not liable for money damages for falsely advertising its rates because a consumer is deemed to be aware of the carrier’s rate filings with the Federal Communications Commission.

• Opinion Date: November 13, 2001
• Business Law

GNOC, Corp. v. Director, Division of Taxation

TAXATION; SALES TAX—The complementary provision of alcoholic beverages to casino patrons is a non-taxable sale; therefore, casinos are obligated to pay sales tax on the alcoholic beverages that they purchase from their suppliers.

• Opinion Date: April 3, 2001
• Business Law

Godwin Pumps of America v. Director, Division of Taxation

TAXATION; REFUNDS—A claim for a corporate tax refund must be made within four years after the tax had been paid, even if the tax was paid before the due date for the related tax return.

• Opinion Date: January 22, 2001
• Business Law

State of New Jersey v. Pessolano

TAXATION; CRIMINAL LIABILITY—Intentional failure to remit state employment and withholding taxes can expose a responsible party to criminal as well as administrative consequences.

• Opinion Date: August 6, 2001
• Business Law

Stryker Corp. v. Director, Division of Taxation

TAXATION—A New Jersey manufacturer that ships its products out of state at the behest of its wholly-owned subsidiary must include those sales in its allocation factor under the New Jersey Corporation Business Tax Act.

• Opinion Date: June 14, 2001
• Business Law