Category: Business Law

Christy v. We the People Forms and Services Centers, USA, Inc.

CONSUMER FRAUD—The purchase of a franchised business is not covered by the Consumer Fraud Act even if the business itself sells to consumers.

• Opinion Date: March 6, 2003

Macedo v. Dello Russo

CONSUMER FRAUD—Although professional services may not be subject to the Consumer Fraud Act, advertising or marketing of those services is subject to the Act.

• Opinion Date: March 27, 2003

Hann Financial Service Corp. v. Hansil

CONSUMER FRAUD—Suppression of a material fact is one basis for a finding of a violation under the Consumer Fraud Act.

• Opinion Date: December 8, 2003

Triffin v. Angelica

CHECKS; HOLDER IN DUE COURSE—A person is not a holder in due course of a check that bears apparent evidence of forgery or alteration or is otherwise so irregular or incomplete as to call in question its authenticity.

• Opinion Date: July 15, 2003

Triffin v. Johnston

CHECKS—A buyer of a dishonored check has the burden to show that its assignment of the check is valid and that it is a holder in due course.

• Opinion Date: March 21, 2003

Associated Business Brokers, Inc. v. Plansky

BROKERS; COMMISSIONS—It is for a jury to accept or reject testimony as to whether a contract-buyer is ready, willing, and able to close.

• Opinion Date: July 16, 2003

Triffin v. First Union Bank of Delaware

BANKS; CHECKS—An action predicated on breach of a statutory duty is not assignable to a person who buys a check after it is dishonored with knowledge thereof.

• Opinion Date: February 26, 2003

Detrolio v. First Union Bank

BANKS—Regardless of when the account was first opened, it is presumed that if the successor to a bank passbook holder presents the bank with a passbook showing no activity for more than 15 years, the account had previously been paid by the bank, and the presenter has the burden of showing otherwise.

• Opinion Date: December 15, 2003

Piazza v. Best Friends Resorts & Salon

BAILMENTS; PETS; DAMAGES—A commercial dog kennel acts as a bailee with respect to boarded pets and is liable for the cost to replace a pet killed by the kennel’s negligence, but there is no recovery for emotional distress in the absence of the kennel’s intention to kill the pet.

• Opinion Date: June 4, 2003

Brown v. Merit Auto

AUTOMOBILES; LEMON LAW; CONSUMER FRAUD—A car buyer can seek relief under the Consumer Fraud Act when the vehicle is too old or has too much mileage to be covered by the Lemon Law.

• Opinion Date: September 3, 2003