In New Jersey, the elements of trade libel, also known as product disparagement, are “1) publication; 2) with malice; 3) of false allegations concerning [the plaintiff’s] property, product or business, and 4) special damages, i.e. pecuniary harm.” Mayflower Transit, LLC v. Prince, 314 F. Supp. 2d 362, 377 (D.N.J. 2004).
“A product disparagement plaintiff [in New Jersey] must show ‘the publication of matter derogatory to plaintiff’s business in general of a kind calculated to prevent others from dealing with plaintiff or otherwise to disadvantageously interfere with plaintiff’s relations with others.” Mayflower Transit, LLC, 314 F. Supp.2d at 377 (quoting Binkewitz v. Allstate Ins. Co., 537 A.2d 723, 222 N.J. Super. 501, 516 n.8 (N.J. App. Div. 1988)); see also Patel v. Soriano, 848 A.2d 803, 834, 369 N.J. Super. 192 (N.J. App. Div. 2004).
“The communication must be made to a third person and must play a material part in inducing others not to deal with plaintiff.” Patel, 848 A.2d at 834.
If your company wants to bring or needs a lawyer to defend it in, business litigation and you are located in the New York City area, call Attorney David S. Rich at (212) 209-3972. it is imperative that you speak with an Employment attorney about your claim for commercial disparagement in New Jersey. By devoting our careers to this niche, we can guarantee the superior service required to win your case.
Mr. David Rich has represented clients in, among other civil and commercial matters, breach of contract actions, business torts cases, bankruptcy and adversary proceedings, civil racketeering actions, oppressed minority shareholder disputes, product liability litigation, franchisor-franchisee litigation, qui tam actions, divorce actions and post-divorce judgment proceedings.
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