BUSINESS INCENTIVES CO., INC., Plaintiff, v. SONY CORPORATION OF AMERICA, Defendant, 397 F. Supp. 63

Summary

The seller brought an action against the manufacturer for damages arising out of what it claimed to have been the unlawful termination of its contract and for recovery of allegedly unpaid commissions. The seller sought relief on a theory of economic duress, under the New Jersey Franchise Practices Act, N.J. Stat. Ann. § 56:10-1 et seq., and on straight breach of contract theories. The manufacturer moved to dismiss seven of the nine counts, and the seller cross-moved for summary judgment on the remaining two counts. The court granted in part and denied in part the manufacturer's motion to dismiss and denied the seller's motion for partial summary judgment. The court held that: (1) the manufacturer's time to answer was automatically extended by its Fed. R. Civ. P. 12(b)(6) motion; (2) New Jersey law applied despite the provision in the parties' agreement that New York law would apply; (3) the New Jersey Franchise Practices Act did not apply, as the relationship between the parties did ...