Firm Secures Appellate Victory for Temporary Staffing Agency

On January 11, 2021, the New Jersey Appellate Division affirmed the dismissal of a bogus lawsuit brought against our client, a temporary staffing agency, alleging lost profits and damage to the plaintiff’s business relationship with its customer.  The lawsuit accused our client of engaging in fraud by misrepresenting the qualifications of an IT employment candidate who was fired only 10 days into the project.

The trial court dismissed the complaint based on the express terms of the parties’ contract which prohibited claims for lost profits and any indirect or consequential damages, and by application of the economic loss doctrine. Ironically, the contract was drafted by plaintiff.  The appeals court agreed that both the contract and economic loss doctrine barred the plaintiff’s claims.

Click here to read the full opinion.

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Author:
Admitted to NJ Bar in 1990, NY Bar in 1991. Former Judicial Law Clerk to Honorable Peter Ciolino, Assignment Judge, Superior Court of New Jersey, Bergen County. Member & Barrister: Daniel J. Moore Bankruptcy Inn of Court Member & Barrister: Morris Pashman Inn of Court Member: Bergen County Bar Association NJ Superlawyer - 2008, 2009, 2010, 2011, 2012, 2013 Nominated for inclusion in Best Lawyers of America Member: Litigation Counsel of America, Trial Lawyer Honorary Society

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