Campmor, Inc. v. Brulant, LLC

Opinion and Order Granting in Part and Denying in Part Brulant LLC's Motion to Dismiss under FRCP 12(b)(6)

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Campmor, Inc., successful online retailer and customer of "online channel partner" Brulant, LLC, brings suit based on breach of contract, breach of warranty, negligence, fraud, consumer fraud and related claims arising from allegedly failed multi-year major website upgrade.

Following removal to federal court, defendant moved for partial dismissal pursuant to Fed. R. Civ. P. 12(b)(6). This is the order granting the motion in part and denying it in part. The court dismissed our negligence and breach of covenant of good faith claims with prejudice, noting with respect to the latter that under Ohio law--which the court ruled did apply--there is no separate cause of action for the covenant but that the substantive relief available is identical with that in New Jersey.

The court dismissed, without prejudice, the NJ Consumer Fraud Act and fraud claims based on Rule 9(b), and granted 25 days to file amended pleadings.

The court denied the motion to dismiss Campmor's negligent misrepresentation claim.

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Published In: Business Torts Updates, Civil Procedure Updates, General Business Updates, Conflict of Laws Updates, Consumer Protection Updates

Reference Info:Decision | Federal, 3rd Circuit, New Jersey | United States