Complex Business Litigation Insights

In Roman v. Del Valle, the Superior Court of New Jersey, Essex County, vacated a previously unopposed protective order and compelled defendants to produce business and financial records relevant to the plaintiff’s claims for unpaid compensation, “sweat equity,” and unjust enrichment. The court emphasized the liberal scope of discovery under New Jersey law and rejected generalized confidentiality and overbreadth objections, instead tailoring the production with temporal and confidentiality restrictions.

A New Jersey court held that an oral agreement obligating a company buyer to pay perpetual royalties remains enforceable—even after years of nonpayment—unless a clear, mutual modification is proven. However, the statute of limitations sharply limits recovery of past-due royalties, and failure to document modifications can prove fatal.

In Ventnor on the Bay Condominium Assoc., Inc. v. LMRK PROPCO 3 LLC, the Complex Business Litigation Program of the Superior Court of New Jersey held that telecom tenants SBA and AT&T are entitled to unlimited rooftop access under a 1998 lease agreement, rejecting the condominium association’s attempts to limit access based on a later agreement. The court also dismissed claims under the Consumer Fraud Act and for duplicative declaratory relief, underscoring the importance of clear contract drafting and the limits of consumer protections in sophisticated commercial deals.

In the unpublished August 2026 trial decision of Smith v. Bodyworks Publishing LLC, the Superior Court of New Jersey, Complex Business Litigation Program, rejected all of the plaintiff’s claims—including breach of contract and fraud—while awarding the defendants $10,000 for unjust enrichment. The court’s detailed analysis provides critical guidance on oral contracts, allocation of presale proceeds, and the limits of tort and equitable claims between business collaborators.

In DuBell Lumber Co. v. DiMedio, et al., the New Jersey Superior Court (CBLP) granted summary judgment, dismissing all claims by the Chapter 7 Trustee against a former CEO and a related landholding entity. The court held that the statute of limitations was not tolled by the discovery rule and that the doctrine of laches barred claims for decades-old property transactions, where shareholders knowingly delayed legal action.

In Maffei v. Apex Fund Services, the Superior Court of New Jersey, Complex Business Litigation Program, granted summary judgment for Santander Bank on all claims, holding that the Uniform Commercial Code’s (UCC) Article 4 statute of limitations and reporting requirements barred plaintiffs’ claims. However, the court found genuine disputes of material fact concerning alter ego, agency, and successor liability among the Apex entities, allowing claims for RICO, securities fraud, and common law misrepresentation to proceed to trial.

In Hopkins Group Management, LLC v. Provident Bank (ESX-L-676-24), the Superior Court of New Jersey denied both parties’ motions for partial summary judgment on fraud and Consumer Fraud Act claims arising from a failed real estate transaction. The court found genuine disputes of material fact—especially regarding the seller’s knowledge of environmental contamination and alleged omissions—requiring a trial to resolve these issues.

In F.M. Renaissance LLC v. Crown Bank, the Superior Court of New Jersey’s Complex Business Litigation Program granted a significant but reduced award of attorneys’ fees and costs to the prevailing lender in a commercial loan dispute. The court meticulously applied the “lodestar” method, made targeted adjustments for efficiency and equity, and ultimately reduced the fee award by 25% due to the borrower’s good faith and the contract’s ambiguity.

In Carl Austin, Jr., et al. v. Philip Kinzel, et al. (MRS-L-281-20), the Superior Court of New Jersey, Complex Business Litigation Program, addressed whether plaintiffs could assert direct claims against reinsurers and whether severe discovery sanctions—including striking pleadings—were warranted. The court vacated the appointment of the Special Discovery Adjudicator, reinstated the Insurance Defendants’ pleadings, and granted summary judgment for the reinsurers, finding no basis for direct liability or discovery sanctions.

In a recent Complex Business Litigation Program decision, the Superior Court of New Jersey clarified how "substantial completion" and lease commencement are determined under a commercial lease that ties these events to the issuance of a certificate of occupancy. The court held that the landlord’s receipt of a Temporary Certificate of Occupancy (TCO) triggered the lease’s commencement date as a matter of law, despite the tenant’s objections regarding electrical capacity and transformer adequacy.