Complex Business Litigation Insights

In a decisive opinion from the Superior Court of New Jersey’s Complex Business Litigation Program, the court dismissed a claim for breach of an alleged oral agreement, holding that a subsequent written contract with an integration clause superseded all prior agreements. The court also imposed sanctions on the plaintiffs for discovery violations related to the late production of critical evidence.

In a recent Complex Business Litigation Program decision, the Superior Court of New Jersey clarified when an Affidavit of Merit (AOM) is required for claims against attorneys—even when the claims are styled as tortious interference rather than malpractice. The court denied a motion to dismiss, holding that Lowenstein Sandler, LLP’s claims against Trif & Modugno, LLC required an AOM, but the deadline to serve it had not yet begun because no valid Answer had been filed.

The Superior Court of New Jersey, Bergen County, denied summary judgment on all counts in a complex real estate dispute, holding that the doctrine of merger did not bar claims based on surviving representations and warranties, and that fraud in the inducement and implied covenant claims could proceed where material fact issues remained. The decision underscores the importance of contract drafting, disclosure obligations, and careful post-closing conduct for parties in New Jersey commercial real estate transactions.

In Wiggins Plastics, Inc. and Knickerbocker Bed Company v. County of Passaic, the New Jersey Superior Court, Complex Business Litigation Program, denied Plaintiffs’ request for a protective order and ordered detailed disclosure of damages computations and supporting documents. The court’s decision underscores the stringent discovery obligations for damages claims, warning that failure to comply will bar use of unproduced or unidentified evidence at trial.