Richard Hughes Justice Complex in Trenton, New Jersey. Photo: Carmen Natale/ALM NJ High Court Joins Other Jurisdictions in Rejecting Per Se Ban on New Business Lost Profit Claims
"We join the majority of jurisdictions that reject a per se ban on claims by new businesses for lost profits damages, and we decline to follow 'Weiss' to the extent that it bars any claim by a new business for such damages," stated Justice Anne M. Patterson in her written opinion for the court.
August 18, 2022 at 10:48 AM
6 minute read
The New Jersey Supreme Court has joined other jurisdictions in declining to follow the 1936 New Jersey Court of Errors and Appeals case Weiss v. Revenue Building & Loan Associates, and the "new business rule" barring claims for lost profits for new businesses which held that no such claim can be proved.
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