Jacob C. Lehman and Michael G. Balabon obtained the successful dismissal of a Plaintiff’s Petition for Certification to the Supreme Court of New Jersey in a lawsuit alleging fraud and breach of contract against their client, a National Marine and Vehicle Brokerage firm. The appeal concerned Plaintiff’s challenge to the validity of a forum selection clause in a contract executed between the parties. Plaintiff , who utilized the services of Defendant for the sale of a recreational vehicle, commenced the action in the Superior Court of New Jersey, alleging breach of contract and fraud by the Defendant. We successfully moved to dismiss this action, as the contract in question contained a forum selection clause which mandated that any lawsuit filed related to the contract would have to take place in Florida. Plaintiff then filed an appeal with the Appellate Division, claiming that the contract was an invalid contract of adhesion. The Appellate Division disagreed, and our office was again successful in dismissing this action. Following dismissal by the Appellate Division, Plaintiff initiated an Appeal with the Supreme Court of New Jersey by filing a Notice of Petition for Certification. Plaintiff then filed a Petition for Certification, which we opposed. Taking all of the pleadings into account, the Supreme Court ultimately agreed with the arguments presented by the GGM team, and denied Plaintiff’s Petition for Certification.
Mr. Lehman and Mr. Balabon regularly handle commercial litigation matters such as this one in the trial and appellate courts of New Jersey and Pennsylvania. If you would like more information please contact Mr. Lehman at [email protected]