Practice Papers
Contracts
Stockroom Inc. v. Dydacomp Development Corp.
Thursday, May 2, 2013
Plaintiff's claims of breach of contract and breach of warranty arising from installation of the allegedly defective software are time-barred as plaintiff failed to allege sufficient facts of fraudulent concealment for equitable tolling to apply; it has alleged a plausible claim for omission under the Consumer Fraud Act.
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Barrick v. State of New Jersey
Thursday, May 2, 2013
The Division of Property Management and Construction erred in not doing an accessibility analysis of the two apparently nonconforming bids or a materiality/waiver analysis after learning that only one bid was noncompliant, and in recommending the award to the noncompliant bidder since the deviation was material and nonwaivable.
Sayles v. G&G Hotels Inc.
Thursday, January 17, 2013
The indemnification provision in the parties' licensing agreement is not equivocal and requires indemnification of the franchisor for claims arising from its negligence.
L&W Supply Corporation v. DeSilva
Thursday, December 20, 2012
A supplier may have an affirmative duty to inquire as to the source of payment funds so that it can properly allocate them to the correct accounts and preserve its rights under the Construction Lien Law.
Control Screening, L.L.C. v. Technological Application and Production Company
Wednesday, August 8, 2012
Arbitration will proceed in New Jersey because the forum-selection provision in the parties' contract is "null and void" under the New York Convention.
When the Economic Chips Are Down, Can a Breach of Contract Become a Tort?
Wednesday, July 18, 2012
What kind of claims may be brought by a plaintiff who has suffered only economic harm?
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