The second phase to the America Invents Act commenced in September 2012. According to an excellent article in the New Jersey Law Journal entitled “In-House Counsel Prepare for Phase 2 of America Invents Act”, http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202571463821&InHouse_Counsel_Prepare_for_Phase_2_of_America_Invents_Act, this phase not only contains new methods for challenging patents, but places a greater emphasis... Continue reading

What are the required elements necessary to foreclosure? This question was answered in Waterfall Victoria Mortgage Trust v. Shaw, Superior Court of New Jersey, Chancery Division: Bergen County (Docket No. BER-F-5519-12). In that case, the defendant delivered an adjustable rate note (“Note”) to Aames Funding Corporation. The note required the... Continue reading

Should a claim of intention infliction of emotional distress be treated differently if it occurs in the workplace as opposed to a non-employment situation? This question was answered in Ingraham v. Ortho-McnNeill, 422 NJ. Super. 12 (App. Div. 2011) Plaintiff Cecelia Mavica Ingraham was employed by defendant Ortho-McNeil Pharmaceutical between... Continue reading

In Highland Capital Corp., v. Donna P. Denier M.D., P.C. et al., No. A-4832-10T4 (N.J. Super. App. Div. 2013), Donna Denier, M.D. (“Defendant”) entered into a lease with Digirad Corporation (“Lease”) for a piece of equipment named “Cardius 1”. Id. at 2. Highland Capital Corp., (“Plaintiff”) was the party that... Continue reading

Compass Motors, Inc. (“Plaintiff”) was a franchised motor vehicle dealer for Volkswagen Group of America, Inc., (“Defendant”). As a part of the dealership agreement, Plaintiff agreed to renovate its facilities pursuant to a Facility Renovation Agreement (the “Agreement”). The Agreement required Plaintiff to renovate its facilities in order to incorporate... Continue reading

According to Wikipedia, a utility cooperative has the following characteristics: A utility cooperative is a type of cooperative that is tasked with the delivery of a public utility such as electricity, water or telecommunications to its members. Profits are either reinvested for infrastructure or distributed to members in the form... Continue reading

Should a website be responsible for all of the material that is uploaded by its users? Under what circumstances should a website be liable for direct and/or secondary copyright infringement? These questions were addressed in Viacom Int'l, Inc. v. YouTube, Inc., 676 F.3d 19, 26-28 (2d Cir. 2012). That case... Continue reading

In Mazdabrook Commons Homeowners’ Ass’n v. Khan, 210 N.J. 482 (2012), the New Jersey Supreme Court recently held that a homeowners’ association’s rules that banned the posting of political signs on property owners’ residential units was unconstitutional. In that case, Wasim Khan (“Defendant”) was a resident of Mazdabrook Commons, a... Continue reading

Does a restaurant menu constitute a notice or sign pursuant to New Jersey’s Truth in Consumer Contract Warranty and Notice Act (“Act”)? If so, would the omission of prices from a menu violate the Act? In Watkins v. DineEquity Inc., 11-7182 (D.N.J. August 28, 2012), the District Court of New... Continue reading

An exclusivity provision is a provision that bars a lessor from leasing a rental unit to an establishment that competes with the existing lessee. There may be circumstances in which a lessor or owner may disregard an exclusivity provision in its lease agreement when the lessee or tenant defaults in... Continue reading

In Repole v. Gawrysiak, A-1602-11T4 (N. J. Super. Ct. App. Div. August 8, 2012), the Appellate Division of the Superior Court of New Jersey upheld the decision of the Law Division of the Superior Court of New Jersey to grant counsel fees to plaintiffs William and Maria Repole (“Plaintiffs”) for... Continue reading

In a world filled with partnerships, subsidiaries, and joint ownerships, identifying a defendant is not as easy as it sounds. However, if a plaintiff fails to name the correct defendant, he may risk dismissal. The question becomes what does a plaintiff need to do to ensure that his claim is... Continue reading

Who should be considered a beneficiary under the New Jersey Charitable Immunity Act? In Larissa Sapia and Joseph Sapia v. Hunterdon County YMCA, L-10265-09 (N.J. Super. App. Div. August 10, 2012), Larissa Sapia (“Plaintiff”) went to the YMCA (“Defendant”) to examine its facilities with her parents. Plaintiff went with her... Continue reading

In July 2012, Adam Silver, the deputy commissioner of the NBA announced plans to allow corporate logos on team jerseys. If the plan is formally approved, the ad space will be 2.5-in.-by-2.5-in. and will be placed below the left shoulder. This would be significant because prior to this year, none... Continue reading

Should courts interpret a statute that was meant to protect car dealerships in such a way that it does very little protecting? Should car manufacturers be able to circumvent statutes implemented to protect dealerships by simply increasing wholesale prices? These questions underlay a case heard in the United States Court... Continue reading

In Seta Artunian Nassif, et. al. v. Jelmac, L.L.C., No. A-4100-10T2 (N.J. Super. Ct. App. Div. July 11, 2012), the Appellate Division of the Superior Court of New Jersey was presented with the following legal issue: what constitutes a fraudulent transfer under the New Jersey Fraudulent Transfer Act (“Act”)? N.J.S.A.... Continue reading

On March 26, 2012, the Federal Trade Commission (FTC) issued a privacy report (“Report”) respecting Internet usage. It proposed best practices for protecting American consumers and giving them more control over the personal data collected on the Internet. Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses... Continue reading

Most people are familiar with 501(c)(3) non-profit organizations. These are entities that perform charitable work that is mostly (though not necessarily completely), devoid of political content. Generally speaking, donations to such entities are fully deductible for tax purposes. However, many people are unaware that there are a series of additional... Continue reading

Is the look and feel of the Tetris video game distinguishable from the ideas of the game and therefore protectable? In Tetris Holding, LLC v. XIO Interactive, Inc., No. 09-6115 (D.N.J. May 30, 2012), the United States District Court for the District of New Jersey answered this question in the... Continue reading

American Franchisors should be aware of the special laws relating to establishing franchises in Canada. For example, the Quebec Civil Code attaches a contractual obligation to the franchisor of a franchise agreement to protect and enhance the franchise brand. In Bertico Inc, et al. v. Dunkin’ Brands Canada LTD., No.... Continue reading

In 1561 Irving, LLC v. Francisca Lopez, A-1150-10T3 (N.J. Super. Ct. App. Div. August 2, 2012), the Appellate Division of the Superior Court of New Jersey was presented with the following question: if a landlord makes renovations to commercial property that it leases, preventing its tenant from conducting business and... Continue reading

Will a landlord who has not obtained a residential certificate of occupancy in accordance with New York Multiple Dwelling Law § 302 be successful in an action in ejection against a tenant for unpaid rent? In Chazon, L.L.C. v. Maugenest, 2012 NY Slip Op 04373 (N.Y. June 7, 2012), the... Continue reading

In December 2011, Texas Attorney General Greg Abbott (“Abbott”) sued the Texas Highway Patrol Association (“THPA”), the Texas Highway Patrol Museum, THPA Services, Inc. and several senior THPA officials (collectively “THPA and Affiliates,” separately “Affiliates”). The suit claimed that THPA and Affiliates defrauded charitable donors by illegally soliciting donations under... Continue reading

To state a claim for unjust enrichment in New York, a plaintiff must establish that a) the defendant benefitted; b) the defendant benefited at the plaintiff’s expense; and c) that equity and good conscience require restitution. Tasini v. AOL Inc., No. 11 Civ. 2472 (S.D.N.Y. March , 2012). Ultimately, a... Continue reading

When is a franchise agreement unconscionable and, therefore, unenforceable as a matter of law? Legal precedent from the United States Court of Appeals for the Seventh Circuit is illustrative on this point. We Care Hair Development, Inc. v. Engen, et. al., 180 F.3d 838 (7th Cir, 1999). In that case,... Continue reading