FACTS – SUMMATION The plaintiff has proved that the defendant has committed fraud/consumer fraud. The dealer advised the plaintiff that the car was without accident both verbally and in writing. The plaintiff proved (CARFAX) and it was admitted (Defense expert testimony) that the car was in a previous accident. Defense…
wrongful repossession THE REMEDIES PROVIDED IN THE NEW JERSEY CONSUMER FRAUD ACT ARE CUMULATIVE AND, IN ADDITION TO ANY REMEDIES CONTAINED IN THE UNIFORM COMMERCIAL CODE, THUS THE CLAIMS ARE NOT MUTUALLY EXCLUSIVE The rights provided under the New Jersey Consumer Fraud Act are in addition to any other statutory…
New Jersey law permits claims for fraud to be filed in the civil justice system. However, when pleading fraud the law requires a specificity of pleading. The law requires that the defendant should be put on notice as to what the fraudulent statements for which they are being sued. In…
In essence, a completed transaction is not necessarily required to maintain a cause of action under the New Jersey Consumer Fraud Act. The defendant’s assertion that there was no “purchase” of goods (not accurate based on the plaintiff’s submissions) is insufficient to support a claim for dismissal on summary judgment.…
New Jersey is a notice state which means there are very liberal pleading requirements for most claims BUT some specificity is required for fraud. The following is an example of a complaint that was filed against a car dealership in New Jersey. CARTON AND RUDNICK 788 SHREWSBURY AVENUE BUILDING 2,…
New Jersey law defines bait and switch within Administrative Code regulations. As an example, the regulation specifically says that when you advertise a vehicle and it is part of a plan not to sell it or lease it at the advertised price is considered bait and switch. As an example,…
Bait and switch advertising? Do you know what bait and switch advertising is? There is a LEGAL Definition under NJ law and there is a common sense definition. Bait and switch advertising: Newspaper advertisements! More to come! Bait and switch examples
Buying a Car is Awful Because… Tell me… I have represented over a thousand people and have purchased many cars myself. Almost every experience related to me is the same. It sucked. The reasons are different BUT the results are the same. It sucked!! Take a look! Here too about…
THE PAROLE EVIDENCE RULE DOES NOT APPLY TO THE FACTS OF THE CASE The defendant’s claim that the plaintiff is barred by the ‘parole evidence rule’ is without merit. The current case has nothing to do with the terms and the contents of the agreement between the parties. The issue…
THE DEFENDANT SHOULD BE ESTOPPED FORM ASSERTING THE ARBITRATION CLAUSE THIS LATE IN THE LITIGATION, ESPECIALLY SINCE THEY 1) FILED A COUNTERCLAIM IN BREACH OF THEIR OWN AGREEMENT; 2) MOVED TO HAVE JUDGMENT ENTERED ON THAT COUNTERCLAIM AGAIN BREACHING THEIR OWN AGREEMENT TO HAVE ALL DISPUTES BETWEEN THE PARTIES The…