March 12, 2018

Fishkin Lucks Prevails Against Order to Show Cause in the Superior Court of New Jersey

The Firm prevailed in the Superior Court of New Jersey (Passaic County) today when the Court, following briefing and a hearing, dissolved a temporary restraining order that had been entered (ex parte) against our client, a manufacturer of specialty building coatings, in favor of its former distributor, and denied the former distributor’s application to preliminarily enjoin our client from establishing alternate channels to distribute its products through other parties.  The former distributor argued that our client was compelled to renew its exclusive distribution agreement under the New Jersey Franchise Practices Act (FPA).  In ruling in our client’s favor against its former distributor, the Court agreed with each of our arguments as to why the former distributor was not a franchisee under the FPA and, hence, was unable to show a likelihood of success on the merits of its claims.