Campmor, Inc., a successful online retailer of camping and outdoor equipment and customer of "online channel partner" Brulant, LLC, (now known as Rosetta) brought suit based on breach of contract, breach of warranty, negligence, fraud, consumer fraud and related claims arising from an allegedly failed multi-year major website upgrade.
The allegations include claims that Brulant not only failed to deliver the promised upgrade but actually provided Campmor with a website that had reduced functionality compared to the one it replaced. The complaint alleges that from the start as well as along the way--over the course of a series of statement of work agreements--Brulant materially misrepresented the necessity of certain "recommended" upgrades, overstated its technical competence, and failed to advise Campmor of the problems it was encountering and the fact that there was little prospect of Brulant ever getting the project done right for any amount of money, even after Campmor had already paid multiples of the amount originally estimated.
Following removal to federal court, defendant moved for partial dismissal pursuant to Fed. R. Civ. P. 12(b)(6). The court granted the motion in part and denying it in part. The court dismissed Campmor's 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 denied the motion to dismiss Campmor's negligent misrepresentation claim and granted 25 days to file amended pleadings with respect to the NJ Consumer Fraud Act and fraud claims based on Rule 9(b).
Discovery now having been completed, Brulant brought a motion for summary judgment. The motion was granted in part -- dismissing Campmor's fraud and consumer fraud claims -- and denied in part -- retaining the breach of contract, breach of warranty and negligent misrepresentation claims for trial.
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