by Gary Nissenbaum | Jun 30, 2011 | Business Formation & Sales Law Blog
In Liberty Sales Associates, Inc. v. Dow Corning Corporation, 816 F. Supp. 1004 (D.N.J. 1993), the court reconsidered its previous decision dismissing Liberty Sales Associates, Inc.’s (“Liberty”) claim for wrongful termination under the New Jersey Franchise Practices...
by Gary Nissenbaum | Jun 30, 2011 | Business Formation & Sales Law Blog
Under the New Jersey Franchise Practices Act (“Act”), N.J.S.A. 56:10-1 et seq., a franchisor cannot terminate a franchise without good cause. Specifically, the Act states “it shall be a violation of this act for a franchisor to terminate, cancel or fail to...
by Gary Nissenbaum | Jun 28, 2011 | Business Formation & Sales Law Blog
In 2009, Judge Shafer of the Supreme Court, New York County ruled in favor of the non-profit corporation, Stray from the Heart, Inc. (“Stray”), in its Article 78 application – an action brought to challenge the activities of an administrative agency in court – to...
by Gary Nissenbaum | May 10, 2011 | Business Formation & Sales Law Blog
On April 11, 2011, the United States Court of Appeals for the Third Circuit affirmed the decision of the District Court dismissing a consumer’s claims against his debtors. Huertas v. Galaxy Asset Management, LLC, No. 10-2532, CITATION.Consumer Hector Huertas...
by Gary Nissenbaum | Apr 25, 2011 | Business Formation & Sales Law Blog
In Kasten v. Saint-Gobain Performance Plastics Corp. the United States Supreme Court was asked to decide whether an employee’s oral complaints triggered the anti-retaliation protections of the Fair Labor Standards Act (the “Act”), which sets forth employment rules...
by Gary Nissenbaum | Apr 25, 2011 | Business Formation & Sales Law Blog
On March 31, 2011, the New York Court of Appeals upheld a jury’s verdict in favor of two New York City police officers that claimed they were subject to retaliation for opposing discrimination against a third officer on the basis of that third officer’s perceived...
