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Vol. 3 No. 241 Decisions Released Dec. 21, 1995 Editor’s Note: There were no state opinions issued today. FEDERAL COURT CASES BANKING — U.C.C. — FORGED INSTRUMENTS 06-7-7400 Bank Polska Kasa Opieki, S.A. v. Pamrapo Savings Bank, S.L.A., et al., U.S. Dist. Ct. (31 pp.) In a banking case involving loss allocation for processing of a forged instrument, defendant’s summary judgment motion is granted, since (1) New Jersey law precludes a conversion action by the plaintiff/drawer against the defendant/depositary bank, because plaintiff/drawer lacked a property or ownership interest in the allegedly converted check, (2) U.C.C. warranties under Sections 3-417 and 4-207 do not run to the drawer, and (3) allowing an independent negligence action would upset the U.C.C. loss allocation scheme contemplated by the Legislature. [For publication. Available online in 3rd Circuit Court - District Court.] CONSUMER PROTECTION — DAMAGES — REMAND 09-7-7401 MaryJane Garcia, etc. v. General Motors Corp., U.S. Dist. Ct. (18 pp.) In putative class action suit for common law fraud and misrepresentation in the marketing of certain “W-Body” cars, the court analyzes the possible recovery of the class — including damages under the consumer fraud act, and apportioned punitive damages — and finds that defendant cannot establish that each of the putative plaintiffs in the class meets the amount-in-controversy requirement, and, therefore, removal was improper and the matter is remanded to state court. CONTRACTS — FRANCHISES 11-7-7402 Munir Daibes v. Gulf Div. of Cumberland Farms Inc., U.S. Dist. Ct. (14 pp.) Where plaintiff/franchisee and defendant/franchiser had entered into an agreement where rentals were discounted conditioned upon the probable condemnation of the demised premises, and franchisee refused to honor the agreement and pay full rental when the condemnation was abandoned, franchiser properly moved to terminate the franchise under the agreement’s clear and unambiguous terms regardless of what was said in pre-contractual negotiations, and summary judgment is granted in its favor. INSURANCE — SURETY BONDS 23-7-7403 United Arab Shipping Corp. v. Logistic Distribution Sys., et al., U.S. Dist. Ct. (9 pp.) (1) Insurer has waived its right to arbitrate coverage dispute since, although it raised arbitration in its answer, it has actively participated in discovery for more than one year and removing the proceedings at this juncture would be prejudicial to plaintiff. (2) Where surety delivered bond to defendant, knowing that premium had not been paid and personal guaranty had not been executed, and did not inform defendant that the bond was in any way conditioned upon receipt of the premium and guaranty, surety is liable to defendant, and any ambiguities in the bond regarding the effect of the principal’s wrongful conduct must be construed against the insurer as drafter of the document. INTELLECTUAL PROPERTY 53-7-7404 Paul D. Gilley, et al. v. Project Strategies Corp., et al., U.S. Dist. Ct. (13 pp.) Denial of summary judgment is required on plaintiffs’ request to dismiss defendants’ counterclaim — which seeks a declaration that the patents-in-suit are invalid because of inequitable conduct and fraud during plaintiffs’ prosecution of the patent applications — since there are unresolved issues of fact as to the materiality of certain information that plaintiffs failed to disclose in the applications. PRODUCT LIABILITY — LIMITATIONS 32-7-7405 Julius Sprueill, et al. v. NCR Corp., et al., U.S. Dist. Ct. (10 pp.) Dismissal is required of plaintiff’s claim that she sustained repetitive stress injuries from using various computer equipment manufactured by defendants, since, under applicable New York law, (1) the courts have rejected the theory that a defendant has a continuing duty to warn plaintiffs of the products’ dangerousness, and (2) the discovery rule exceptions to the three-year statute of limitations are not applicable to claims for repetitive stress injuries, and the claims therefore are time-barred.

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