There were a handful of important commercial law cases decided by the Supreme Court during the last term. In an important case for commercial construction litigation, the Court described the remedies available for spoliation of evidence and how to determine when to utilize them. The Court also analyzed distinct issues in a variety of areas of commercial law, including contract matters and the extent to which the Fair Report Privilege protects the media. The Supreme Court also expanded the reach of personal jurisdiction and analyzed the role of a title company in a real estate transaction tainted by fraud.
Spoliation in Construction Litigation
The New Jersey Supreme Court addressed the issue of spoliation of evidence in the context of commercial construction litigation in Robertet Flavors, Inc. v. Tri-Form Construction, Inc., WL 3022121 (2010). The issue presented to the Court was how to develop a sanction when the plaintiff has remediated an alleged defect, thereby depriving defendants of the opportunity to investigate. Plaintiff Robertet Flavors, Inc, a company that “creates, manufactures, and sells flavorings to the food, beverage, and pharmaceutical industries,” constructed a new building for its business. Plaintiff Robertet hired as a construction manager for the new building project defendant Tri-Form Construction, Inc. and its president, defendant Robert Karabinchak. Defendant Academy Glass, Inc., was selected to install two window systems for the new building.
