In a virtual bench trial, the New Jersey Superior Court of Somerset County has dismissed a commercial dispute against a wholesale vehicle auction company. This matter involved an auto representative, who purchased a car at an auction in hopes of reselling the vehicle at a profit, and when it failed to occur, sued the company.
Goldberg Segalla associate Earyn J. Edwards defended the company from start to finish, while adapting to the court’s virtual functions in the midst of the pandemic. With assistance from partner Anthony J. Golowski II, Earyn pulled the vehicle purchase documents and determined that the plaintiff did not have standing to bring the suit against our client, and that the plaintiff’s employee would be the proper defendant. Notably, Earyn established that the case would have held more sway with the court if the plaintiff brought forward a suit for alleged defects.
After limited discovery and multiple no-shows from the plaintiff, as well as cancelations due to COVID-19, the judge agreed on September 18, 2020, that the plaintiff lacked standing to sue our client―effectively dismissing the complaint in its entirety.
Mindful of the costs and interruption to business that litigation brings, Goldberg Segalla aims to avoid it whenever possible by employing creative and results-oriented pre-suit negotiations and pre-answer motions to resolve disputes before they become full-fledged litigations. However, when litigation becomes necessary, our seasoned litigators and trial attorneys utilize business-minded strategies designed to achieve our client’s desired outcome in the most effective and expeditious way possible. We draw on our decades of collective experience handling commercial disputes of all sizes for businesses, senior executives, investors, financial institutions, and nonprofits in complex matters that often span a multitude of jurisdictions.