Category: Business Law

In Re State’s Award of an Office Supplies Contract to Staples Business Advantage

PUBLIC BIDDING — New Jersey law contains a “piggyback option” authorizing New Jersey’s Director of Purchasing to buy goods pursuant to a cooperative purchasing agreement negotiated by another state and to negotiate even better prices than what is contained in that cooperative purchasing agreement.

• Opinion Date: August 25, 2011

Illinois National Insurance Company v. Wyndham Worldwide Operations, Inc.

AGREEMENTS; REFORMATION — When a court analyzes whether an agreement should be reformed because of a mutual mistake, it looks to the understanding of the contracting parties at the time the contract was formed and not to the understanding of non-contracting, but otherwise interested, parties.

• Opinion Date: August 3, 2011

Vasaturo Brothers, Inc. v. Alimenta Trading-USA, LLC

AGREEMENTS; DEFAULTS — In contracts calling for delivery over a period of time, the test as to whether the selling party has breached the agreement, thereby allowing the buyer to suspend payments, is whether the non-conformity with respect to one or more installments substantially impairs the value of the whole contract.

• Opinion Date: July 22, 2011

Triffin v. Capital One

CHECKS — A court has the authority to issue an order, applicable statewide, wherein a party, such as one who buys dishonored checks, would be required to provide a certification as to whether that litigant possessed original, signed copies of documents being presented to a court.

• Opinion Date: July 20, 2011

D’Addario v. Enhanced Recovery Company, LLC

FDCPA — Nothing in the Fair Debt Collection Practices Acts prohibits settlement of a debt within the debt validation period.

• Opinion Date: July 14, 2011

Midland Funding, L.L.C. v. Giambanco

GARNISHMENT; NOTES — The inclusion in a credit agreement of a provision waiving statutorily required notices is not void against public policy as long as the debtor’s waiver is knowing and informed.

• Opinion Date: October 3, 2011

In Re Salvatore

CONSUMER FRAUD ACT; BANKRUPTCY; CONTRACTORS — Although debts incurred through fraud are generally nondischargeable under federal law, regulatory violations under New Jersey’s Consumer Fraud Act don’t constitute the kind of fraud that result in such a nondischargeable claim in a contractor’s bankruptcy.

• Opinion Date: May 26, 2011

Kort v. Van Aswegan

CONSUMER FRAUD ACT; CORPORATIONS; SHAREHOLDERS —There is no need to pierce the corporate veil to find an employee or officer of a corporation personally liable for violations of the Consumer Fraud Act if that employee or officer had control over company practices or actually participated and had accurate involvement in the commission of a Consumer Fraud Act violation.

• Opinion Date: November 1, 2011

Whirlpool Properties, Inc. v. Director, Division of Taxation

TAXATION; CORPORATE BUSINESS TAX — The Throw-Out Rule, adopted in 2002 and since repealed, was a constitutionally permissible taxation rule so long as receipts taxed by a state that chooses not to have an income tax are not treated as if those receipts were collected in New Jersey.

• Opinion Date: July 28, 2011

SimmsParris v. Countrywide Financial Corp.

FAIR CREDIT REPORTING ACT — In order for a consumer to have a claim against a creditor for falsely reporting information to a credit reporting agency, the consumer must first contact the credit reporting agency rather than the creditor itself; otherwise, the consumer is not entitled to damages from the creditor because allowing such would interfere with the Congressionally chosen path for creating liability.

• Opinion Date: July 28, 2011