Category: Business Law

Robinson v. Board of Review

UNEMPLOYMENT—Discussing an employer’s finances, and being belligerent about it when questioned, is a substantial disregard of an employer’s interests and constitutes misconduct in connection with the employee’s work.

• Opinion Date: June 14, 2002

Rohrman v. Board of Review

UNEMPLOYMENT—An employee who does not receive mandated unemployment eligibility information from an employer may be eligible for benefits even if the benefits application is made out of time.

• Opinion Date: January 22, 2002

Poli v. DaimlerChrysler Corporation

UCC; WARRANTIES; STATUTE OF LIMITATION — A claim under an express warranty is not limited by the four year UCC statute of limitation.

• Opinion Date: March 15, 2002

Ford Motor Credit Company v. Arce

UCC; INSTALLMENT SALES; DAMAGES —A suit to recover damages under a retail installment contract for the purchase of goods is governed by the UCC’s four year statute of limitation.

• Opinion Date: February 26, 2002

Stavola Asphalt Co., Inc. v. Joseph Ferguson & Sons

UCC; GUARANTEES — Even if the UCC were applicable to a personal guaranty of credit by a business’ owner, a guarantor’s addition to a form guaranty is enforceable if the original form did not expressly require that no changes be made, the change did not materially alter the terms of the agreement, and the recipient of the guaranty did not object to the change.

• Opinion Date: April 19, 2002

Mints v. PNC Bank, N.A.

UCC; CHECKS—A payee’s crossing off a restrictive endorsement is not the kind of alteration that would bar a payee from depositing the check or a bank from paying the check.

• Opinion Date: September 25, 2002

Reck v. Director, Division of Taxation

TAXATION; PARTNERSHIPS; KEOGH ACT — Under the New Jersey Gross Income Act, a partnership may not deduct Keogh Plan distributions to partners as an expense of doing business.

• Opinion Date: December 7, 2001

Premier Capital, Inc. v. Crimi

NOTES; STATUTE OF LIMITATIONS — An automatic acceleration on default provision in a note triggers the start of the statute of limitations.

• Opinion Date: October 3, 2002

Binder Machinery Co. v. TPK Construction

GUARANTIES—A person cannot be relieved of his personal guaranty obligation because he didn’t read the guaranty, that failure is his own negligence.

• Opinion Date: October 17, 2002

Villager Franchise Systems, Inc. v. Yoo

FRANCHISES; FORUM SELECTION —The New Jersey Franchise Act is intended to protect New Jersey businesses and its forum requirements will not be extended to protect out of state franchisees, especially where the franchisee can not make the required strong showing of unequal bargaining power needed to justify upsetting an agreed-upon forum selection clause.

• Opinion Date: July 11, 2002