Merchants Automotive Group, Inc. Alpine Limousine Service, Inc., et al. BMW of N. Am., LLC and BMW of Manhattan, Inc. No.
|
|
- Timothy Ward
- 5 years ago
- Views:
Transcription
1 MERRIMACK, SS SUPERIOR COURT Merchants Automotive Group, Inc. v. Alpine Limousine Service, Inc., et al. v. BMW of N. Am., LLC and BMW of Manhattan, Inc. No CV-677 ORDER This case arises out of a commercial lease transaction between two businesses. Plaintiff, Merchants Automotive Group, Inc. ( Merchants ), entered an agreement with Alpine Limousine Service, Inc. ( Alpine Limosine ) and two of its principals, Doron and Gena Avishay (the Avishays, collectively, Alpine ), under which Merchants would purchase automobiles and lease them to Alpine. The lease would be guaranteed by the Avishays. Pursuant to this agreement, Merchants executed contracts with BMW of Manhattan Inc. ( BMW Manhattan collectively BMW Defendants ) for the purchase of fifteen (15) BMW vehicles. These vehicles were then leased pursuant to a Master Open End Lease Agreement ( MOELA ) to Alpine, and the Avishays guaranteed the lease. Under the MOELA, Merchants extended $1,500,000 of financing for Alpine s purchase of 15 BMW automobiles. In December 2015, Merchants brought suit, alleging breach of contract against
2 Alpine and breach of a guarantee agreement against the Avishays. Alpine and the Avishays brought a Third-Party Complaint, pursuant to Superior Court Rule 27, against BMW Manhattan and BMWNA, LLC, the franchisor of BMW. BMW Manhattan and BMWNA LLC moved to dismiss the Third-Party Complaint against them on the grounds of forum non conveniens 1. Merchants joins in the Motion, but in the alternative requests that if the Motion to Dismiss is not granted, the cases be severed. For the reasons stated in this Order, the Motion to Dismiss is DENIED. The Court will defer ruling on the request by Merchants and the BMW Defendants to sever the cases until the parties brief the issue of whether or not the agreement between Merchants and Alpine bars Alpine s breach of warranty claim against Merchants. The Court orders that the parties submit a memorandum on this issue by October 1, I The lease entered into by Merchants and Alpine Limousine and guaranteed by the Avishays is attached to Merchants Complaint and its terms do not appear to be in dispute. Several of the terms are germane to this litigation. Under the MOELA, all vehicles were to be registered in Merchants name during the entire lease term and any certificates of title would be in Merchants name. Lease, 6. The MOELA purported to disclaim any warranties; it provides in bold and capitalized type: MOELA, 1. Lessor makes no representation or warranty of any kind, express or implied, with respect to (a) any vehicle, including, but not limited to the merchantability or fitness for a particular purpose of a vehicle; the design, quality or capacity of the vehicle; or compliance of a vehicle with applicable law... The agreement also provides that: 1 Neither party moved to dismiss on jurisdictional grounds
3 MOELA 1. Customer s vehicle order shall authorize lessor to purchase such vehicles subject to the current warranty of the manufacturer. Lessor hereby assigns the manufacturer s warranty to customer for the lease term. Customer agrees that lessor is not the manufacturer, designer or distributor of the vehicles and that each vehicle (including any specified modification) is of a design specified by customer and suitable for its purposes. Under the MOELA, except for the lessee s obligations of indemnity, both parties agreed that their sole and exclusive remedy for any cause of action related directly or indirectly to a claim related to the subject matter of the lease is a contract action and damages are limited to actual and direct consequential damages incurred. MOELA, 18. Both parties agreed to waive their right to jury trial in any action involving the lease. MOELA, 26. Both parties agreed that the law of the State of New Hampshire would govern all disputes relating to the agreement and that the lessees consented to the jurisdiction of the courts of the State of New Hampshire and United States District Court for the District of New Hampshire. MOELA 27. Merchants Complaint is based upon an alleged failure by Alpine to make payments under the terms of the MOELA. Defendant s Answer to the Complaint alleges in part that the vehicles were defective and could not be used in their limousine business. Answer 1 (e). Alpine s Answer alleges that the Plaintiffs attempt to disclaim all warranties and representations regarding the condition of the leased vehicles is ineffective as a disclaimer and fails to comply with New Hampshire RSA 382-A: Affirmative Defense, 8. The Answer recites that other terms and purported disclosures violate New Hampshire, 2 Since this is a lease transaction and not a transaction for sale of goods, RSA 382-A: ("U.C.C ") is inapplicable. Rather, this case is governed by article 2A of the Uniform Commercial Code, RSA 382:2-A, et.seq. U.C.C. 2A-214 is, however, essentially a cognate of U.C.C
4 New Jersey and other applicable law. Id. At various points in its Answer, Alpine alleges that the BMW vehicles leased were defective and that when it became clear that the problems were significant, Merchants agreed to assist in addressing problems with the vehicles, advised Alpine that the vehicles could be returned and they would be disposed of under the lease agreement, and that Merchants would work with the dealer and BMW for a satisfactory resolution. Answer, 1 (g), (h). In Counterclaim III, Alpine alleges that: By operation of law or in its conduct of the transaction, Merchants provided or adopted express or implied warranties which were breached as a result of which Alpine suffered damage. Any disclaimer is invalid. Counterclaim III, 3. Alpine also asserts a claim for defamation and for negligent dissemination of information in Count I of its Counterclaim and a Claim for violation of the New Jersey Plain Language Law in Count III of its Counterclaim. In its Third-Party Complaint against BMW Manhattan and BMWNA, Alpine claims in substance that the vehicles it leased had a design defect and that, as a result of the defect, Alpine Limousine s business suffered injury. Third-Party Complaint, 8. Alpine has brought actions against BMW Manhattan and BMWNA for breach of implied warranty, breach of express warranty, violation of the Magnuson-Moss act, breach of contract, breach of warranty of fitness for a particular purpose, a claim for deceptive acts and practices under New Jersey law, and common law fraud. The BMW Defendants have moved to dismiss on the grounds of forum non conveniens. Merchants has joined in the Motion
5 II The guiding principle of the doctrine of forum non conveniens is that a State will not exercise jurisdiction if it is a seriously inconvenient forum for the trial of the action provided that a more appropriate forum is available to the plaintiff. Restatement (Second) Conflict of Laws 84; Van Dam v. Smit, 101 N.H. 508, 509 (1959). Whether to grant a motion to dismiss based on forum non conveniens is generally said to be in the discretion of the trial court. Digital Equipment Corporation v. Int l Digital systems Corporation, 130 N.H. 362, 364 (1988). In Leeper v. Leeper, 116 N.H. 116, 118 (1976) the New Hampshire Supreme Court cited Gulf Oil v. Gilbert, 330 U.S. 501, 508 (1947), which enumerated the considerations applicable when a court considers whether to apply the doctrine: Courts are directed to look at the interest of the litigant, relative ease of access to sources of proof, availability of compulsory process, the cost of obtaining attendance of unwilling witnesses, the possibility of view of premises if appropriate, the question of enforceability of the foreign judgment and other concerns relating to the public interest. However, a plaintiff s choice of forum enjoys a favorable presumption which will not be disturbed except when the defendant will suffer a gross injustice. Vazifdar v. Vazifdar, 130 N.H. 694, 697 (1988). The New Hampshire Supreme Court has stated that the plaintiff s choice of forum is disturbed by reason of forum non-conveniens only rarely, and never except for weighty reasons. Digital Equipment Corporation v. Int l Digital Systems Corporation, 130 N.H. at 364. The Court must therefore consider the factors set forth by the New Hampshire Supreme Court in Leeper v. Leeper. Private interest factors: The BMW Defendants argue that they have no connection to the claims raised in the Complaint and no connection to the State of New Hampshire. In support of this proposition, BMWNA has provided an affidavit from its general counsel - 5 -
6 which recites that based upon the facts set forth in this third-party action, BMWNA at no time had any expectation of being subject to the jurisdiction of the courts of the State of New Hampshire. Caulfield Aff., 7. She further states, however, that BMWNA is the authorized BMW distributor throughout North America. Caulfield Aff., 6. Presumably therefore, it could anticipate being sued in New Hampshire, albeit not as a result of this transaction. She recites that any warranty work or maintenance services performed on any of the fifteen subject BMW motor vehicles was performed at authorized BMW dealerships in the States of New York, New Jersey, Massachusetts and Connecticut. Caulfield Aff., 9. BMW Manhattan has provided an affidavit of its general counsel which recites that it entered into agreements for the fifteen BMW motor vehicles in question in New York, that its place of business is in New York, New York, that it never anticipated being sued in New Hampshire, and that the anticipated BMW Manhattan sales and technical witnesses needed to provide testimony and conduct litigation inspections of the vehicles are not residents of the State of New Hampshire, and all work in the State of New York. Bowman Aff. 5, 8, 9, 14. But BMW Manhattan does not dispute the assertion by BMWNA that the vehicles in question were serviced in New York, New Jersey, Massachusetts and Connecticut. Plainly, the vehicles were not designed in New York City, where BMW Manhattan is located. To the extent that a design defect claim is made, it is unlikely that relevant witnesses could be found in New York, New Jersey, Connecticut or Massachusetts. Therefore, whether a lawsuit were brought in New Jersey, New York or New Hampshire, it is likely that witnesses will be either testifying by deposition or forced to travel. Witnesses in civil cases cannot be compelled to travel to another state to testify - 6 -
7 outside of the jurisdiction in which they are served; based on the location of repairs, it is likely that relevant evidence exists in New Jersey, New York, Massachusetts and Connecticut, and possibly outside the United States if a design defect claim is made. Therefore, the availability of compulsory process does not weigh heavily in favor of either Alpine or the BMW Defendants. The Court notes that the BMW Defendants have the advantage of bringing their employee witnesses or related party employee witnesses to trial, while Alpine will need to present its case through deposition testimony if the BMW Defendant witnesses do not voluntarily appear. Moreover, there is a significant consideration which supports allowing Alpine to bring its action in New Hampshire. If Alpine litigates its warranty claims against the BMW Defendants in New York or New Jersey and defends the action brought by Merchants in New Hampshire (on a claim that the vehicles were defective, and that Merchants therefore breached warranties to it), Alpine would be required to litigate the same claims twice. Alpine runs the risk that an unfavorable decision in one jurisdiction on the warranty claims would bar it from proceeding in another jurisdiction on such claims on the ground of non-mutual collateral estoppel. Simpson v. Callivas, 139 N.H. 1, 7 (1994). In sum, this factor does not weigh heavily in favor of disturbing Alpine s choice of forum. Public interest factors: there is nothing particularly burdensome about this case which would cause congestion in the Merrimack County docket. The BMW Defendants assert that the purchase and sale agreement between BMW Manhattan and Merchants provides that New York law applies to the contracts because the fifteen BMW vehicles were sold in New York, and the purchase agreements contained a choice of law provision - 7 -
8 which provided that New York law will apply. However, a court s obligation to apply foreign law to the controversy is not a sufficient justification for dismissal. Leeper v. Leeper, 116 N.H. at 119. This factor therefore does not weigh heavily in favor of disturbing the Alpine s choice of forum. It follows that this is not a case in which Alpine s choice of forum, apparently rationally made and based on considerations of collateral estoppel and judicial economy, should be disturbed by the Court. II However, the same considerations which relate to choice of forum militate in favor of a prompt decision on whether or not a warranty claim may be made against Merchants. Alpine seeks a jury trial against the BMW Defendants; under the lease agreement made with Merchants, it specifically waived its right to a jury trial. MOELA, 26. It specifically waived its right to any damages other than actual and direct damages against Merchants; the agreement between the parties provides that no indirect, consequential enhanced compensatory or punitive damages may be claimed. MOELA 18. Moreover, it specifically agreed that New Hampshire law should apply to the agreement. Id. If the case against the BMW Defendants and the case brought by Merchants against Alpine are tried together, the jury will presumably need to be instructed on foreign law, because the contracts between BMW Manhattan and Merchants are governed by New York law, and any warranties running in favor of Merchants were, by the terms of the MOELA, assigned to Alpine. The Court, as trier of fact in the MOELA claim, will need to decide the case brought by Merchants against Alpine based on New Hampshire law. These practical difficulties will make the case cumbersome to try. Moreover, Merchants would be - 8 -
9 prejudiced because its straightforward collection case would be combined with a complicated breach of warranty/defective design case against an automobile manufacturer. However, there will be no need to consolidate the cases if Alpine has waived any warranty claims against Merchants as the MOELA, on its face, recites. Accordingly, the Court orders as follows: 1. The parties shall brief the issue of whether or not, under the agreement between Merchants and Alpine, Alpine has waived any and all claims for breach of warranty, including merchantability or fitness for particular purpose, under the provisions of 1 of the MOELA. 2. The parties shall file memoranda on this issue, limited to 10 pages in length, on or before October 1, The Court will then determine whether or not severance of the case in chief and the third-party case is appropriate. 8/30/16 s/richard B. McNamara DATE Richard B. McNamara, Presiding Justice RBM/ - 9 -
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c; ARCAP 28(c; Ariz. R. Crim. P. 31.24 IN THE COURT OF
More informationFlorida House of Representatives HB 889 By Representative Melvin
By Representative Melvin 1 A bill to be entitled 2 An act relating to vessels; creating s. 3 327.901, F.S.; creating the "Vessel Warranty 4 Enforcement Act," also known as the "Vessel 5 Lemon Law"; creating
More informationHooksett Sewer Commission. Penta Corporation, I. Kruger, Inc. d/b/a Kruger, Inc., and Graves Engineering, Inc. No CV ORDER
MERRIMACK, SS SUPERIOR COURT Hooksett Sewer Commission v. Penta Corporation, I. Kruger, Inc. d/b/a Kruger, Inc., and Graves Engineering, Inc. No. 2013-CV-00540 ORDER The Plaintiff, Hooksett Sewer Commission
More informationStrict Liability and Product Liability PRODUCT LIABILITY WARRANTY LAW
Strict Liability and Product Liability PRODUCT LIABILITY The legal liability of manufacturers, sellers, and lessors of goods to consumers, users and bystanders for physical harm or injuries or property
More informationIN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY. Court of Appeals No. L Trial Court No.
[Cite as Keel v. Toledo Harley-Davidson/Buell, 184 Ohio App.3d 348, 2009-Ohio-5190.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY Keel, Court of Appeals No. L-09-1057 Appellant,
More informationBAILMENT AGREEMENT FOR EQUIPMENT, TOOLING, CAPITAL AND PACKAGING Minth Purchasing Policy and WI Terms and Conditions of Bailment
BAILMENT AGREEMENT FOR EQUIPMENT, TOOLING, CAPITAL AND PACKAGING Minth Purchasing Policy and WI 3.1.15 Terms and Conditions of Bailment This Bailment Agreement for Equipment, Tooling, Capital or Packaging
More informationMark Williams and Sandra Mastroianni, on behalf of themselves and others similarly situated(1) v. America Online Inc.
Mark Williams and Sandra Mastroianni, on behalf of themselves and others similarly situated(1) v. America Online Inc. Massachusetts Superior Court, Middlesex County Docket No. 00-0962 Memorandum of Decision
More informationTHE SUPREME COURT OF NEW HAMPSHIRE HOLLOWAY AUTOMOTIVE GROUP STEVEN GIACALONE. Argued: November 17, 2016 Opinion Issued: February 15, 2017
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme
More informationCase 2:15-cv GW-SS Document 35 Filed 11/02/15 Page 1 of 23 Page ID #:523
Case :-cv-0-gw-ss Document Filed /0/ Page of Page ID #: 0 0 STEPHEN T. WAIMEY (SBN ) stephen.waimey@lhlaw.com YVONNE DALTON (SBN ) yvonne.dalton@lhlaw.com ANIKA S. PADHIAR (SBN ) anika.padhiar@lhlaw.com
More informationOn this issue the burden of proof is on the plaintiff. 2 This means that the plaintiff must prove, by the greater weight of the evidence, six things:
Page 1 of 5 745.03 NEW MOTOR VEHICLES WARRANTIES ACT 1 ( LEMON LAW ) The (state number) issue reads: Was the defendant unable, after a reasonable number of attempts, to conform the plaintiff's new motor
More informationTitle 10: COMMERCE AND TRADE
Title 10: COMMERCE AND TRADE Chapter 217: USED CAR INFORMATION Table of Contents Part 3. REGULATION OF TRADE... Section 1471. DEFINITIONS... 3 Section 1472. EXCLUSIONS... 5 Section 1473. CONSTRUCTION...
More informationEQUIPMENT CONSIGNMENT AGREEMENT. This Agreement is made and entered into as of this day of, 20, by and between ( Customer ), and ( Dealer ).
EQUIPMENT CONSIGNMENT AGREEMENT This Agreement is made and entered into as of this day of, 20, by and between ( Customer ), and ( Dealer ). In consideration of the mutual obligations and undertakings hereafter
More informationprotection The Consumer Protection Act contains a general prohibition against unfair and unlawful terms and conditions in agreements with consumers.
the consumer protection act CONTRACT TERMS UNDER THE CONSUMER PROTECTION ACT Applicable sections of the Consumer Protection Act, 68 of 2008: S 48, 49, 50, 51, 52 Applicable sections of the Consumer Protection
More informationBitumar USA, Inc. New Hampshire Department of Transportation NO CV ORDER
MERRIMACK, SS SUPERIOR COURT Bitumar USA, Inc. v. New Hampshire Department of Transportation NO. 217-2014-CV-00389 ORDER Plaintiff, Bitumar USA, Inc. ( Bitumar ), seeks a preliminary injunction against
More informationNOT DESIGNATED FOR PUBLICATION. No. 116,173 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. MOOSEY INC., an OKLAHOMA CORPORATION, Appellant,
NOT DESIGNATED FOR PUBLICATION No. 116,173 IN THE COURT OF APPEALS OF THE STATE OF KANSAS MOOSEY INC., an OKLAHOMA CORPORATION, Appellant, v. MOHAMMAD A. LONE, an INDIVIDUAL; and MOHAMMAD A. LONE, DBA
More information1:15-cv JMC Date Filed 04/06/15 Entry Number 1 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
1:15-cv-01511-JMC Date Filed 04/06/15 Entry Number 1 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION Robert K. Besley, Jr., on behalf of himself ) and
More informationNEGATIVE TEN COURSE POINTS
Page 1 of 9 as your signature PRINT your name comprehensive EXAM #3 Business Law Fundamentals LAWS 3930 sections -001, -002-003 Chapters 1-4, 24, 6, 7, 9, 10 through 23, 43, 44, 46, 50, & 51 INSTRUCTIONS:
More informationAttorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE CENTRAL JUSTICE CENTER. EDGARDO RODRIGUEZ, an individual,
VACHON LAW FIRM Michael R. Vachon, Esq. (SBN ) 0 Via del Campo, Suite San Diego, California Tel.: () -0 Fax: () - Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE CENTRAL
More informationa. The Act is effective July 4, 1975 and applies to goods manufactured after that date.
THE MAGNUSON-MOSS WARRANTY ACT AN OVERVIEW In 1975 Congress adopted a piece of landmark legislation, the Magnuson-Moss Warranty Act. The Act was designed to prevent manufacturers from drafting grossly
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION. Case No. 10-cv-1875 MEMORANDUM OPINION AND ORDER
Orthoflex, Inc., et al., v. ThermoTek, Inc. Doc. 52 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ORTHOFLEX, INC. d/b/a INTEGRATED ORTHOPEDICS, MOTION MEDICAL
More informationJUSTICE COURT CLARK COUNTY, NEVADA
1 1 1 ANS (NAME) (ADDRESS) (CITY, STATE, ZIP) (TELEPHONE) Defendant Pro Se JUSTICE COURT CLARK COUNTY, NEVADA ) ) Case No.: Plaintiff, ) Dept. No.: ) vs. ) ) ANSWER ) (Auto Deficiency) ) Defendant. ) )
More informationCOTTA TRANSMISSION COMPANY, LLC VERSION 1.03 TERMS AND CONDITIONS OF SALE
1. Agreement. 1.1. Subject to the terms and conditions set forth herein ( Terms of Sale ), Cotta Transmission Company, LLC ( Cotta ) agrees to sell or provide such goods, products, parts, accessories and/or
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Case: 13-50106 Document: 00512573000 Page: 1 Date Filed: 03/25/2014 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED March 25, 2014 ROYAL TEN
More informationPCM Initialization Kit LEASE AGREEMENT
PCM Initialization Kit LEASE AGREEMENT I. OWNER AND LESSOR INFORMATION Lessee identified in Section II below ( Lessee ) is entering into this Lease Agreement with Snap-on Equipment Solutions, a Division
More informationAttorney for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO SOUTH COUNTY REGIONAL CENTER
VACHON LAW FIRM Michael R. Vachon, Esq. (SBN ) 0 Via del Campo, Suite San Diego, California Tel.: () -0 Fax: () - Attorney for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO SOUTH
More informationMassachusetts Lemon Law Statute
Massachusetts Lemon Law Statute Summary of the Massachusetts Lemon Law For Free Massachusetts Lemon Law Help, Click Here Chapter 90: Section 7N Voiding contracts of sale. Notwithstanding any disclaimer
More informationCase 1:14-mc JMF Document 65 Filed 11/03/14 Page 1 of 7. November 1, 2014
Case 1:14-mc-02543-JMF Document 65 Filed 11/03/14 Page 1 of 7 11/03/2014 Andrew B. Bloomer, P.C. To Call Writer Directly: (312) 862-2482 andrew.bloomer@kirkland.com 300 North LaSalle Chicago, Illinois
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DISTRICT
-JO Mahmood et al v. Commonwealth Land Title Insurance Company Doc. 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DISTRICT TALAT MAHMOOD, et al., Civil Action No. Plaintiffs, 10-12723
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS AMERICORP FINANCIAL, L.L.C., d/b/a PARATA FINANCIAL COMPANY, UNPUBLISHED January 16, 2014 Plaintiff-Appellant, v No. 312522 Oakland Circuit Court BACDAMM INVESTMENT GROUP,
More informationDartmouth College. North Branch Construction, Inc. & Lavalle/Brensinger, P.A. AND. North Branch Construction, Inc.
MERRIMACK, SS SUPERIOR COURT Dartmouth College v. North Branch Construction, Inc. & Lavalle/Brensinger, P.A. AND North Branch Construction, Inc. v. Building Envelope Solutions, Inc. d/b/a Foam Tech NO.
More informationCreative and Legal Communities
AIPLA Mergers & Acquisition Committee Year in a Deal Lecture Series Beyond the Four Corners: A Discussion of the Impact of the Choice of New York, Delaware, Texas, and California Law in Contracts Carey
More informationTHE SUPREME COURT OF NEW HAMPSHIRE DAIMLERCHRYSLER CORPORATION DARREN VICTORIA. Argued: February 22, 2006 Opinion Issued: June 14, 2006
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme
More informationSkyrocket LLC Terms of Use for
Skyrocket LLC Terms of Use for http://www.skyrocketon.com/ Welcome to the Skyrocket LLC ("SKYROCKET or we or us ) website located at http://www.skyrocketon.com and other affiliated websites and mobile
More informationCase 2:18-cv RGK-MRW Document 1 Filed 05/11/17 Page 1 of 14 Page ID #:1
Case 2:18-cv-00038-RGK-MRW Document 1 Filed 05/11/17 Page 1 of 14 Page ID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MICHAEL PRESTON, on behalf of himself
More information) ) ) ) ) ) ) ) ) ) ) Plaintiff Sonic Automotive, Inc. ( Sonic ), submits this memorandum of law in support of
STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG SONIC AUTOMOTIVE, INC., Plaintiff, v. MERCEDES-BENZ USA, LLC, Defendant. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 08-CVS-4259 MEMORANDUM OF
More informationFourteenth Court of Appeals
Reversed and Remanded and Memorandum Opinion filed April 2, 2019. In The Fourteenth Court of Appeals NO. 14-18-00413-CV ARI-ARMATUREN USA, LP, AND ARI MANAGEMENT, INC., Appellants V. CSI INTERNATIONAL,
More informationSpecial Civil A Guide to the Court
New Jersey Judiciary Special Civil A Guide to the Court Superior Court of New Jersey Law Division Special Civil Part Special Civil is a court of limited jurisdiction in which you may sue a person or business
More informationArgued May 15, 2018 Decided June 5, Before Judges Yannotti and Carroll.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding
More informationv No Macomb Circuit Court MERCEDES-BENZ USA, LLC and PRESTIGE
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S MIGUEL GOMEZ and M. G. FLOORING, Plaintiffs-Appellants, UNPUBLISHED February 20, 2018 v No. 335661 Macomb Circuit Court MERCEDES-BENZ USA, LLC
More informationEQUIPMENT LEASE ORIGINATION AGREEMENT
EQUIPMENT LEASE ORIGINATION AGREEMENT THIS EQUIPMENT LEASE ORIGINATION AGREEMENT (this "Agreement") is made as of this [ ] day of [ ] by and between Ascentium Capital LLC, a Delaware limited liability
More informationIN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS MUNICIPAL DEPARTMENT, FIRST DISTRICT
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS MUNICIPAL DEPARTMENT, FIRST DISTRICT Yuling Zhan, ) Plaintiff ) V. ) No: 04 M1 23226 Napleton Buick Inc, ) Defendant ) REPLY TO DEFENDANT S AFFIRMATIVE DEFENSES
More informationFILED: NEW YORK COUNTY CLERK 10/28/ :04 PM INDEX NO /2016 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 10/28/2016
FILED: NEW YORK COUNTY CLERK 10/28/2016 05:04 PM INDEX NO. 190293/2016 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 10/28/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X VINCENT ASCIONE, v. ALCOA,
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Case :-cv-00-kaw Document Filed // Page of 0 GIRARDI KEESE THOMAS V. GIRARDI, State Bar No. 0 ROBERT W. FINNERTY, State Bar No. MICHAEL P. KELLY, State Bar No. 0 Wilshire Boulevard Los Angeles, California
More informationOPINION BY JUSTICE LEROY R. HASSELL, SR. v. Record No January 11, 2002
Present: All the Justices BONITA M. LOVE OPINION BY JUSTICE LEROY R. HASSELL, SR. v. Record No. 010351 January 11, 2002 KENNETH HAMMERSLEY MOTORS INCORPORATED FROM THE CIRCUIT COURT OF THE CITY OF LYNCHBURG
More informationTERMS AND CONDITIONS OF SALE MEDICAL EQUIPMENT
FUJINON Inc. Web Version: 01 (March 1, 2011) TERMS AND CONDITIONS OF SALE MEDICAL EQUIPMENT 1. Each quotation provided by FUJINON INC. (the Seller ), together with the Terms and Conditions of Sale provided
More informationApplication for open Account Company Information. Principal Owners or Stockholders
Application for open Account Company Information Brockton Furnace & Duct Distributors, Inc. 54 Bodwell Street Avon, MA 02322 Tel: 508-580-4560 Fax: 508-587-9799 Company Name Date Phone Fax City State Zip
More informationCommon law reasoning and institutions Civil and Criminal Procedure (England and Wales) Litigation U.S.
Litigation U.S. Just Legal Services - Scuola di Formazione Legale Via Laghetto, 3 20122 Milano Comparing England and Wales and the U.S. Just Legal Services - Scuola di Formazione Legale Via Laghetto, 3
More informationIN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION MARGARET WARD and TROY WARD, individually and on behalf of a class of similarly situated individuals, v. AMERICAN HONDA
More informationEquipment Lease Amendment Agreement
Equipment Lease Amendment Agreement This Packet Includes: 1. General Information 2. Instructions and Checklist 3. Equipment Lease Amendment Agreement General Information Equipment Lease Amendment Agreement
More informationPART 1 Regulations Governing the Rhode Island Motor Vehicle Arbitration Board
470 RICR 00 00 1 TITLE 470 MOTOR VEHICLE ARBITRATION BOARD CHAPTER 00 N/A SUBCHAPTER 00 N/A PART 1 Regulations Governing the Rhode Island Motor Vehicle Arbitration Board 1.1 Purpose and Scope A. These
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Civil Procedure And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Copyco, Inc. (Copyco), a
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION. Plaintiffs, Defendant.
Minkler v. Apple Inc Doc. PAUL J. HALL (SBN 00) paul.hall@dlapiper.com ALEC CIERNY (SBN 0) alec.cierny@dlapiper.com Mission Street, Suite 00 San Francisco, CA 0 Tel: () -00 Fax: () -0 JOSEPH COLLINS (Admitted
More informationUnderstanding Legal Terminology in NFA Arbitration Cases
Understanding Legal Terminology in NFA Arbitration Cases November 2003 TABLE OF CONTENTS Introduction...1 Authority to Sue...3 Standing...3 Assignment...3 Power of Attorney...3 Multiple Parties or Claims...4
More informationUNITED STATES COURT OF APPEALS
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 10a0379p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ZIONS FIRST NATIONAL BANK, Plaintiff-Appellant, v. MOTO
More informationGENERAL TERMS AND CONDITIONS FOR THE SALE OF GOODS
1. Applicability. 2. Delivery. GENERAL TERMS AND CONDITIONS FOR THE SALE OF GOODS a. These terms and conditions of sale (these "Terms") are the only terms which govern the sale of the goods ("Goods") by
More informationPart II. Plasmid Deposit and Distribution Terms and Conditions
Part II. Plasmid Deposit and Distribution Terms and Conditions Section 1: Deposit of Plasmid(s) 1.01 The undersigned institution ( Provider ) hereby deposits the plasmid(s) described in detail in Part
More informationLove v BMW of N. Am., LLC 2017 NY Slip Op 30528(U) February 21, 2017 Supreme Court, Richmond County Docket Number: /16 Judge: Kim Dollard Cases
Love v BMW of N. Am., LLC 2017 NY Slip Op 30528(U) February 21, 2017 Supreme Court, Richmond County Docket Number: 150653/16 Judge: Kim Dollard Cases posted with a "30000" identifier, i.e., 2013 NY Slip
More informationConsumer Strength Equipment
Consumer Strength Equipment Limited Warranty For Precor consumer strength equipment manufactured after the effective date of this limited warranty. PLEASE READ THESE WARRANTY TERMS AND CONDITIONS CAREFULLY
More informationNOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. RAY CATENA MOTOR CAR CORP., d/b/a RAY CATENA MERCEDES-BENZ, v. Plaintiff-Appellant,
More informationFILED: NEW YORK COUNTY CLERK 03/15/ :24 AM INDEX NO /2016 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/15/2016
FILED: NEW YORK COUNTY CLERK 03/15/2016 11:24 AM INDEX NO. 190043/2016 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/15/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X JOHN D. FIEDERLEIN AND
More informationNovanta Corporation or its Affiliates Shrink-wrap License and Warranty Agreement (Embedded Products)
Novanta Corporation or its Affiliates Shrink-wrap License and Warranty Agreement (Embedded Products) YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS NOVANTA SHRINK- WRAP LICENSE AND
More informationSTANDARD TERMS AND CONDITIONS OF SALE
1. Sale And License STANDARD TERMS AND CONDITIONS OF SALE 1.1 Controlling Conditions of Sale. All purchases and sales of Products, including all parts, kits for assembly, spare parts and components thereof
More informationMastering Civil Procedure Checklist
Mastering Civil Procedure Checklist For cases originally filed in federal court, is there an anchor claim, over which the court has personal jurisdiction, venue, and subject matter jurisdiction? If not,
More informationI, Accept this proposal and make a payment of $ to confirm my commitment.
This Solar Home Improvement Agreement (this Agreement ) is between Golden Gate Green Finance dba Golden Gate Power, California General and Electrical Contractor license number 1002922 ( Golden Gate Power,
More informationThe Consumer Products Warranties Act
The Consumer Products Warranties Act being Chapter C-30 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated
More informationTITLE 15 COMMERCE AND TRADE. equipment that has been recertified by an authorized
2233 TITLE 15 COMMERCE AND TRADE Page 1596 under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109 295
More informationGENERAL TERMS AND CONDITIONS FOR THE SALE OF GOODS
GENERAL TERMS AND CONDITIONS FOR THE SALE OF GOODS 1. Applicability. (a) These terms and conditions of sale (these "Terms") are the only terms which govern the sale of the goods ("Goods") by Tecogen Inc.
More informationEND-USER LICENSE AGREEMENT
END-USER LICENSE AGREEMENT THIS END-USER LICENSE AGREEMENT (the Agreement ) is dated as of January of 2017, or, such later date as you may become a subscriber, (the Effective Date ), by and between you,
More informationUNITED STATES OF AMERICA U.S. DISTRICT COURT -- EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Case 2:18-cv-12001-AJT-MKM ECF No. 1 filed 06/26/18 PageID.1 Page 1 of 23 UNITED STATES OF AMERICA U.S. DISTRICT COURT -- EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN DIPPOLITI, -vs- Plaintiff,
More informationSETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS
SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS is entered into this 5th day of January, 2012, by and between William Dittman (hereinafter
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION
Case :-cv-000 Document Filed 0/0/ Page of Page ID #: 0 Tina Wolfson, CA Bar No. 0 twolfson@ahdootwolfson.com Bradley K. King, CA Bar No. bking@ahdootwolfson.com AHDOOT & WOLFSON, PC Palm Avenue West Hollywood,
More informationGT Crystal Systems, LLC and GT Solar Hong Kong, Ltd. Chandra Khattak, Kedar Gupta, and Advanced RenewableEnergy Co., LLC. NO.
MERRIMACK, SS SUPERIOR COURT GT Crystal Systems, LLC and GT Solar Hong Kong, Ltd. v. Chandra Khattak, Kedar Gupta, and Advanced RenewableEnergy Co., LLC. NO. 2011-CV-332 ORDER The Defendants Advanced RenewableEnergy
More informationCASH MANAGEMENT MASTER AGREEMENT
CASH MANAGEMENT MASTER AGREEMENT This CASH MANAGEMENT MASTER AGREEMENT ( Agreement ) is made as of the day of, 20, by and between SANTANDER BANK, N.A. ( Bank ), a national bank with offices at 75 State
More informationMASTER BIOLOGICAL MATERIAL DEPOSITORY AND DISTRIBUTION AGREEMENT
MASTER BIOLOGICAL MATERIAL DEPOSITORY AND DISTRIBUTION AGREEMENT This master biological material deposit and distribution agreement ( Agreement ), effective ( Effective Date ), is made by and between,
More informationv. Docket No Cncv
Phillips v. Daly, No. 913-9-14 Cncv (Toor, J., Feb. 27, 2015). [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the text and the accompanying
More informationArbitration. N.C. Conference of Superior Court Judges October 26, W. Mark C. Weidemaier. Institute of Government.
Arbitration N.C. Conference of Superior Court Judges October 26, 2005 W. Mark C. Weidemaier Terms Any and all claims except collection actions Share costs equally, except: claim < $1000, you pay $25 claim
More informationUCC Proposals Concerning Consumer Transactions
University of Michigan Law School University of Michigan Law School Scholarship Repository Other Publications Faculty Scholarship 1997 UCC Proposals Concerning Consumer Transactions James J. White University
More informationCase: 1:10-cv SO Doc #: 19 Filed: 10/18/10 1 of 9. PageID #: 1267 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Case: 1:10-cv-02153-SO Doc #: 19 Filed: 10/18/10 1 of 9. PageID #: 1267 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ROSE CHEVROLET, INC., ) Case Nos.: 1:10 CV 2140 HALLEEN CHEVROLET,
More informationMASTER TERMS AND CONDITIONS FOR PURCHASE ORDERS
MASTER TERMS AND CONDITIONS FOR PURCHASE ORDERS ALL PURCHASE ORDERS BETWEEN Expert Global Solutions, INC ( EGS ) its subsidiaries and affiliates AND VENDOR ( VENDOR ) ARE SUBJECT TO THE FOLLOWING MASTER
More informationIN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE November 6, 2007 Session
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE November 6, 2007 Session XEROX CORPORATION v. DIGITAL EXPRESS GRAPHIC, LLC Appeal from the Chancery Court for Davidson County No. 04-2508-I Claudia Bonnyman,
More informationHome Foundation Subcontractor Services Agreement
Home Foundation Subcontractor Services Agreement This Packet Includes: 1. General Information 2. Instructions and Checklist 3. Step-by-Step Instructions 4. Home Foundation Subcontractor Services Agreement
More information3. Accout means your deposit account with us to which you are authorized to make a deposit using a Capture Device.
Mobile Deposit Service User Agreement Bank of the Valley Mobile Deposit Service USER AGREEMENT This Bank of the Valley Mobile Deposit Service User Agreement (the Agreement ) is entered into by Bank of
More informationALABAMA COURT OF CIVIL APPEALS
REL: 10/02/2009 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate
More informationSOLAR PURCHASE AGREEMENT DRAFT NOT FOR EXECUTION
Community Phase - Homesite - Tract Cost Center SOLAR PURCHASE AGREEMENT DRAFT NOT FOR EXECUTION This SOLAR PURCHASE AGREEMENT is entered into by and between SunStreet Energy Group, LLC, a Delaware limited
More informationBrian s 1:1 Fitness, LLC. Jeremy Woodward NO CV ORDER
MERRIMACK, SS SUPERIOR COURT Brian s 1:1 Fitness, LLC v. Jeremy Woodward NO. 217-2012-CV-00838 ORDER Petitioner, Brian s 1:1 Fitness ( Brian s ) seeks injunctive relief against Respondent, Jeremy Woodward
More informationMassachusetts Residential and Small Commercial Terms of Service
Massachusetts Residential and Small Commercial Terms of Service This is an agreement for electric generation service between Oasis Power, LLC dba Oasis Energy ( Oasis Energy or we ) and you, for the service
More informationSPECIAL CIVIL: A GUIDE TO THE COURT
SPECIAL CIVIL: A GUIDE TO THE COURT Superior Court of New Jersey Law Division Special Civil Part Special Civil: A Guide to the Court page 1 S pecial Civil is a court of limited jurisdiction in which you
More informationCONTENTS. How to use the Lake Charles City Court...2. What is the Lake Charles City Court?...2. Who may sue in Lake Charles City Court?...
CONTENTS Page How to use the Lake Charles City Court...2 What is the Lake Charles City Court?...2 Who may sue in Lake Charles City Court?...3 Who may be sued in Lake Charles City Court?...3 What kind of
More information1. THE SYSTEM AND INFORMATION ACCESS
Family Portal SSS by Education Brands TERMS AND CONDITIONS These Terms of Service (the "Agreement") govern your use of the Parents' Financial Statement (PFS), Family Portal and/or SSS by Education Brands
More informationCONSUMER ARBITRATION PROGRAM FOR FORD MOTOR COMPANY POWERSHIFT DPS6 TRANSMISSION. FAQs
CONSUMER ARBITRATION PROGRAM FOR FORD MOTOR COMPANY POWERSHIFT DPS6 TRANSMISSION FAQs Where can I find General Information about the process and my rights? For general information about the Consumer Arbitration
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA
Case 5:15-cv-01180-D Document 25 Filed 06/29/16 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ASHLEY SLATTEN, et al., ) ) Plaintiffs, ) ) vs. ) Case No. CIV-15-1180-D
More information1099 Pro - Tax Year 2017
1099 Pro - Tax Year 2017 END USER LICENSE AGREEMENT FOR 1099 PRO SOFTWARE IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") applies to all versions of 1099 Pro Software including but not
More informationPatent Security Agreement. This Packet Includes: 1. General Information 2. Instructions and Checklist 3. Patent Security Agreement
This Packet Includes: 1. General Information 2. Instructions and Checklist 3. 1 General Information This is between the owner of a patent or patent application (known as the "grantor") and a company or
More informationPlaintiff, Deborah Fellner, by and through her counsel, Eichen Levinson & Crutchlow, LLP, hereby makes this claim against the Defendant as follows:
FELLNER v. TRI-UNION SEAFOODS, L.L.C. Doc. 28 EICHEN LEVINSON & CRUTCHLOW, LLP 40 Ethel Road Edison, New Jersey 08817 (732) 777-0100 Attorneys for Plaintiff DEBORAH FELLNER, vs. Plaintiff, TRI-UNION SEAFOODS,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ORDER
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION VENTRONICS SYSTEMS, LLC Plaintiff, vs. DRAGER MEDICAL GMBH, ET AL. Defendants. CASE NO. 6:10-CV-582 PATENT CASE ORDER
More informationCase: 1:10-cv Document #: 20 Filed: 04/11/11 Page 1 of 26 PageID #:217
Case: 1:10-cv-08050 Document #: 20 Filed: 04/11/11 Page 1 of 26 PageID #:217 FIRE 'EM UP, INC., v. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Plaintiff,
More informationDISTRIBUTION CONTRACTS Outline by Andre R. Jaglom*
DISTRIBUTION CONTRACTS Outline by Andre R. Jaglom* I.Methods of Distribution; Scope of Checklist There are many ways for a supplier to bring its products or services to market. It may sell directly through
More informationContent Provider Agreement
This Packet Includes: 1. General Information 2. Instructions and Checklist 3. 1 General Information This is between content provider and a company or publisher who desires to purchase the rights in the
More informationStandard Terms and Conditions for Sale of Goods
Standard Terms and Conditions for Sale of Goods These Standard Terms and Conditions for the Sale of Goods (the Terms ) are applicable to all quotes, bids and sales of products and goods (the Goods ) by
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
Doe et al v. Kanakuk Ministries et al Doc. 57 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOHN DOE and JANE DOE, Individually and as Next Friends of JOHN DOE I, a Minor, VS.
More information