ARBITRATION AGREEMENTS ARE NOT AUTOMATICALLY ENFORCEABLE What exactly does this mean? The enforcement of arbitration is by no means automatic. The court is mandated to conduct an analysis, based on ordinary contract principles, to determine if the clause itself is enforceable as a clause in a contract. NAACP v. Foulke…
What do you do when the dealer refuses to sell you the car at the advertised price? Can you sue? YES PLAINTIFF’S ATTEMPT TO PURCHASE THE RANGE ROVER FALLS WITHIN THE CONSUMER FRAUD ACT The plaintiff attempted to purchase a Range rover is a covered by the New Jersey Consumer…
CARTON AND RUDNICK 788 SHREWSBURY AVENUE BUILDING 2, SUITE 204 TINTON FALLS, N.J. 07724 732-842-2070 FAX: 732-879-0213 ATTORNEYS FOR PLAINTIFFS. OUR FILE NO.: Paul Plaintiff, Plaintiff, Vs. JOHN DOES 1-100, Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION BERGEN COUNTY DOCKET No. CIVIL ACTION COMPLAINT AND DEMAND FOR JURY The…
Did You Purchase a Tiffany Ring From Costco? Tiffany has sued Costco over the purported sale of a Tiffany Ring!! The allegations are as follows: Tiffany says it believes possibly thousands of engagement rings were sold to unsuspecting customers who believed the rings were authentic Tiffany products but in fact…
Free Drinks worth $58 million. The ABA Journal reported that an attorney in Chicago who made a claim against Southwest Airlines pertaining to a change or modification to a free drink coupon policy which resolved the lawsuit at a value up to almost $60 million. According to ABA Journal, the…
INTERROGATORIES FOR DEALER 1. When did this defendant acquire the subject vehicle? 2. While the vehicle was in the possession of the defendant was the car ever damaged, if so explain how, the amount of damage and how it was fixed, and by whom. 3. Did this defendant ever inspect…
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,…
DEMAND FOR DOCUMENTS 1. Entire deal jacket 2. Any letters received from anyone acting on the plaintiff’s behalf 3. Invoice 4. All repair orders for this car 5. All insurance estimates and damage reports for this car 6. Deal Recap 7. Expert reports 8. Documents to be used at trial…
What the Dealer Needs to Tell You When You Are Buying a Car! The New Jersey Consumer Fraud Act must be followed when the dealer is selling a car. 1. If you ask a question the dealer must provide an honest, accurate – NON DECEPTIVE ANSWER – If you ask…
The Law Journal is reporting a Consumer Fraud Act (UDAP) case wherein the seller of a car did not advise that a car was used as a loaner violated the Consumer Fraud Act. More to follow Consumer Fraud Act Violated by Not Revealing Used Car’s History In an apparent ruling…