O’Toole Scrivo, LLC attorneys Joshua A. Zielinski and Brian Wolfson obtained summary judgment for United States Fire Insurance Company (“US Fire”) against Robb Report Media (“Robb Report”) for damages caused to a 2018 Ferrari 812 Superfast.
As state court systems muddle through the pandemic with an eye toward resuming court operations, civil jury trial backlogs are mounting. However, large juror pools assembled in close quarters are not compatible with the myriad of safety protocols implemented in each state. In New York, as a result, litigants are maneuvering in other ways toward trial. One means of moving towards trial is an apparent, intentional waiver of a jury trial when a plaintiff files note of issue.
The Third Circuit Court of Appeals recently issued a precedential opinion interpreting requirements contracts under New Jersey law. In Mid-American Salt, LLC v. Morris County Cooperative Pricing Council,* the court considered a contract for bulk rock salt at negotiated prices. The contract called for Mid-American Salt (“Mid-American”) to supply rock salt to the members of Morris County Cooperative Pricing Council (“Co-op”) and included a schedule of the members’ estimated needs. Although some members purchased from Mid-American, many members bought no rock salt at all, while others bought from Mid-American’s competitors.
The confluence of the COVID-19 pandemic and the national shortage of personal protective equipment (“PPE”) has resulted in many companies importing and selling PPE, especially facemasks and respirators. Indeed, companies not ordinarily in the health care market, but with foreign supply chain contacts, have entered that space to fill the urgent need for health care supplies. The federal and state governments have responded by stepping in to control the flow of material and prevent price gouging. This extraordinary health crisis, and the government’s rapid response to private-sector involvement, has left companies in uncharted and uncertain waters. O’Toole Scrivo has been at the forefront of this rapidly evolving landscape, providing guidance to companies engaged in the sale of PPE and representing companies before various government agencies.