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9 New Jersey opinions name it 2 courts 1961–2022 1 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rsb Lab. Services, Inc. v. Bsi Corp.green2 sentences2022It held, however, that as an intermediate appellate court it was “constrained to conclude that New Jersey continues to follow a minority of states that adhere to the new business rule.” Id. at 558, 560 .3 Accordingly, our prior case law left unresolved the question raised by this appeal. 2. 2020Under the new business rule, "prospective profits of a new business are considered too remote and speculative to meet the legal standard of reasonable certainty." RSB, 368 N.J. | 2 | 2 |
cluster 540026green2 sentences2022In In re Merritt Logan, Inc., the Third Circuit predicted that “New Jersey would no longer follow a per se rule precluding all new businesses from recovering any damages for lost profits,” noting that “[t]he New Jersey cases that initially set forth the new business rule are more than fifty years old, and the New Jersey Supreme Court has not had recent occasion to consider the rule.” 901 F.2d 349 , 357 (3d Cir. 1990). 2004In the first, the prospective profits are too remote, contingent, and speculative to meet the legal standard of reasonable certainty; while in the second, the provable data furnished by actual experience provides the basis for an estimation of the quantum of such profits with a satisfactory degree of definiteness. [ 116 N.J.L. at 212 , 182 A. at 893 .] In 1990, the Third Circuit in In re Merritt Logan, supra , rejected the new business rule as a statement of the law in New Jersey. 901 F. 2d at 356. | 1 | 3 |
Weiss v. Revenue Building & Loan Ass'ngreen2 sentences2020In the first, the prospective profits are too remote, contingent, and speculative to meet the legal standard of reasonable certainty; while in the second, the provable data furnished by actual experience provides the basis for an estimation of the quantum of such profits with a satisfactory degree of definiteness. [Weiss, 116 N.J.L. at 212 .] Since 1936, "[t]he vast majority of jurisdictions have rejected the new business rule, as a per se rule of exclusion, and instead allow lost profits when they can be proved with reasonable certainty." RSB, 368 N.J. 2004In the first, the prospective profits are too remote, contingent, and speculative to meet the legal standard of reasonable certainty; while in the second, the provable data furnished by actual experience provides the basis for an estimation of the quantum of such profits with a satisfactory degree of definiteness. [ 116 N.J.L. at 212 , 182 A. at 893 .] In 1990, the Third Circuit in In re Merritt Logan, supra , rejected the new business rule as a statement of the law in New Jersey. 901 F. 2d at 356. | 1 | 2 |
Travellers International, A.G. And Windsor, Inc. v. Trans World Airlines, Inc.green1 sentence2022Under New York law, “the new business rule is not a per se rule forbidding the award of lost profits damages to new businesses, but rather an evidentiary rule that creates a higher ‘level of proof needed to achieve reasonable certainty as to the amount of damages.’” Int’l Telepassport Corp. v. USFI, Inc., 89 F.3d 82 , 86 (2d Cir. 1996) (quoting Travellers Int’l, A.G. v. Trans World Airlines, 41 F.3d 1570, 1579 (2d Cir. 1994)); see also Blinds to Go (U.S.) Inc., v. Times Plaza Dev., L.P., 931 N.Y.S.2d 105 , 108 (App. Div. 2011) (noting that “[i]n the case of a ‘new business,’ there generally ‘d | 1 | 1 |
EZ Green Associates, LLC v. Georgia-Pacific Corp.green1 sentence2022Corp., 770 S.E.2d 273, 277 (Ga. Ct. App. 2015). 23 barring new enterprises from recovering lost profits, so long as lost profits may be established with reasonable certainty”) (quoting Kenford Co. v. County of Erie, 493 N.E.2d 234, 235 (N.Y. 1986)). | 1 | 1 |
Kenford Co. v. County of Eriegreen1 sentence2022Corp., 770 S.E.2d 273, 277 (Ga. Ct. App. 2015). 23 barring new enterprises from recovering lost profits, so long as lost profits may be established with reasonable certainty”) (quoting Kenford Co. v. County of Erie, 493 N.E.2d 234, 235 (N.Y. 1986)). | 1 | 1 |
Nixon v. Lawhongreen1 sentence2020Super. at 560 (citing Nixon v. Lawhon, 32 N.J. | 1 | 1 |
Tretina Printing, Inc. v. Fitzpatrick & Associates, Inc.green1 sentence2020However, although a plurality of the Court hinted in 1992 that the new business rule may no longer be absolute, Perini Corp. v. Greate Bay Hotel & Casino, Inc., 129 N.J. 479, 484-89 (1992) (overruled on other grounds, Tretina Printing, Inc. v. Fitzpatrick & Assocs., Inc., 135 N.J. 349, 358-59 (1994)), a majority of the Court has never so ruled. | 1 | 1 |
Perini Corp. v. Greate Bay Hotel & Casino, Inc.green1 sentence2020However, although a plurality of the Court hinted in 1992 that the new business rule may no longer be absolute, Perini Corp. v. Greate Bay Hotel & Casino, Inc., 129 N.J. 479, 484-89 (1992) (overruled on other grounds, Tretina Printing, Inc. v. Fitzpatrick & Assocs., Inc., 135 N.J. 349, 358-59 (1994)), a majority of the Court has never so ruled. | 1 | 1 |
Brill v. Guardian Life Insurance Co. of Americagreen1 sentence2019Co. of Am., 142 N.J. 520, 540 (1995), the judge correctly disregarded the claim that this was a mere hobby and not a business. | 1 | 1 |
Airpark International I v. Interboro School Districtgreen2 sentences2012Dist., 558 Pa. 1 , 735 A.2d 646, 647 (1999)).] The statute provides that levying exclusive taxes on businesses located at an airport is one of those acts that “unreasonably burden and discriminate against interstate eommeree[.]” 49 U.S.C.A. § 40116 (d)(2)(A). 2012Dist., 558 Pa. 1 , 735 A.2d 646, 647 (1999)).] The statute provides that levying exclusive taxes on businesses located at an airport is one of those acts that “unreasonably burden and discriminate against interstate eommeree[.]” 49 U.S.C.A. § 40116 (d)(2)(A). | 1 | 1 |
BELL ATLANTIC NETWORK SERVICES v. PM Video Corp.green2 sentences2004Weiss, supra, 116 N.J.L. at 212 , 182 A. at 893 ; Bell Atl., supra, 322 N.J.Super. at 98-99, 730 A. 2d at 419-20. 2004Weiss, supra, 116 N.J.L. at 212 , 182 A. at 893 ; Bell Atl., supra, 322 N.J.Super. at 98-99, 730 A. 2d at 419-20. | 1 | 1 |
Pickett v. Lloyd'sgreen2 sentences2004"Under contract law, a party who breaches a contract is liable for all of the natural and probable consequences of the breach of that contract." Pickett v. Lloyd's, 131 N.J. 457, 474 , 621 A. 2d 445, 454 (1993). 2004"Under contract law, a party who breaches a contract is liable for all of the natural and probable consequences of the breach of that contract." Pickett v. Lloyd's, 131 N.J. 457, 474 , 621 A. 2d 445, 454 (1993). | 1 | 1 |
VAL Floors, Inc. v. Westminster Communities, Inc.green2 sentences2004Floors, supra, 355 N.J.Super. at 425, n. 8 , 810 A. 2d at 631, n. 8 ("In Bell Atlantic ... we adhered to the `new business rule' of Weiss , despite the three judge plurality opinion in Perini ... which noted the recent trend to allow an award for lost profits even in the case of a new business `when they can be proved with reasonable certainty.'"). *611 In this light, we are constrained to conclude that New Jersey continues to follow a minority of states that adhere to the new business rule. 2004Floors, supra, 355 N.J.Super. at 425, n. 8 , 810 A. 2d at 631, n. 8 ("In Bell Atlantic ... we adhered to the `new business rule' of Weiss , despite the three judge plurality opinion in Perini ... which noted the recent trend to allow an award for lost profits even in the case of a new business `when they can be proved with reasonable certainty.'"). *611 In this light, we are constrained to conclude that New Jersey continues to follow a minority of states that adhere to the new business rule. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nicholas v. Mynster
green
1 sentence2022Mynster, 213 N.J. at 478 . 16 B. 1 . | 1 | 2022–2022 |
cluster 652883
green
1 sentence2022And in Lightning Lube, Inc. v. Witco, Inc., the Third Circuit viewed this Court’s plurality opinion in Perini to signal that “New Jersey no longer adheres to its ‘new business rule.’” 4 F.3d 1153 , 1176-78 (3d Cir. 1993). 21 of reasonable certainty, a per se ban on any claims for lost profits damages by a new business is unwarranted. | 1 | 2022–2022 |
International Telepassport Corporation v. Usfi, Inc.
green
1 sentence2022Under New York law, “the new business rule is not a per se rule forbidding the award of lost profits damages to new businesses, but rather an evidentiary rule that creates a higher ‘level of proof needed to achieve reasonable certainty as to the amount of damages.’” Int’l Telepassport Corp. v. USFI, Inc., 89 F.3d 82 , 86 (2d Cir. 1996) (quoting Travellers Int’l, A.G. v. Trans World Airlines, 41 F.3d 1570, 1579 (2d Cir. 1994)); see also Blinds to Go (U.S.) Inc., v. Times Plaza Dev., L.P., 931 N.Y.S.2d 105 , 108 (App. Div. 2011) (noting that “[i]n the case of a ‘new business,’ there generally ‘d | 1 | 2022–2022 |
Seaman v. US Steel Corporation
green
1 sentence2020It was to be a new operation in A-3187-18T3 22 their business without prior experience as to the floating crane's potential as profit-producing equipment." Id. at 475 . | 1 | 2020–2020 |
Susquehanna Area Regional Airport Authority v. Middletown Area School District
green
2 sentences2012A business privilege tax is a tax imposed on all of the gross receipts from all of the businesses’ activities anywhere, so long as the base of operations within the political subdivision contributes to those activities because the privilege of doing business is “far more than the sum of transactions ... performed within the territorial limits of the taxing entity.” A transaction tax, however, is imposed on the receipts from the designated transactions that are actually performed within the taxing entity, because its subject is only the transaction and not the privilege of engaging in a busines 2012A business privilege tax is a tax imposed on all of the gross receipts from all of the businesses’ activities anywhere, so long as the base of operations within the political subdivision contributes to those activities because the privilege of doing business is “far more than the sum of transactions ... performed within the territorial limits of the taxing entity.” A transaction tax, however, is imposed on the receipts from the designated transactions that are actually performed within the taxing entity, because its subject is only the transaction and not the privilege of engaging in a busines | 1 | 2012–2012 |
Thanasoulis v. Winston Towers 200 Ass'n.
green
2 sentences2004Thanasoulis, supra, 110 N.J. at 666 , 542 A. 2d 900 . 2004Thanasoulis, supra, 110 N.J. at 666 , 542 A. 2d 900 . | 1 | 2004–2004 |
Drews Co., Inc. v. LEDWITH-WOLFE ASSOC., INC.
green
2 sentences2002See generally, 22 Am.Jur.2d Damages §§ 624-27, 962-64 (1988); and see Drews Co. v. Ledwith-Wolfe Associates, 296 S.C. 207 , 371 S.E. 2d 532 , 534-35 (1988) (abandoning the new business rule as an absolute bar to recovery of lost profits and noting a multi-jurisdictional trend in favor of treating the distinction between new and established businesses as going to the weight of evidence, rather than being an absolute bar). [9] To the extent that plaintiffs' lost profits claim does not include their out of pocket expenditures, they are free to prove those actual expenses at trial. 2002See generally, 22 Am.Jur.2d Damages §§ 624-27, 962-64 (1988); and see Drews Co. v. Ledwith-Wolfe Associates, 296 S.C. 207 , 371 S.E. 2d 532 , 534-35 (1988) (abandoning the new business rule as an absolute bar to recovery of lost profits and noting a multi-jurisdictional trend in favor of treating the distinction between new and established businesses as going to the weight of evidence, rather than being an absolute bar). [9] To the extent that plaintiffs' lost profits claim does not include their out of pocket expenditures, they are free to prove those actual expenses at trial. | 1 | 2002–2002 |
Department of Labor v. Titan Construction Co.
green
1 sentence1987This case is thus different in a number of important respects from Department of Labor v. Titan Const. Co., 102 N.J. 1 (1985), the case primarily relied upon by appellants to support their argument that the BPU was required to adopt regulations providing for exclusion of individuals from the solid waste business. | 1 | 1987–1987 |
The Matawan Bank v. the Matawan Tile Co.
green
1 sentence1961"Such conduct, however well intentioned, constitutes a fraud under the statute." ( 2 N.J., at page 127 ). *413 While corporations continuing in business after expiration of their charter have, for sundry purposes, been regarded as de facto corporations, see Campbell v. Perth Amboy Mut. | 1 | 1961–1961 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.