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Dunn Lambert, LLC
comprehensive legal services for businesses call 201-957-0874

Breach of contract claim dismissed by New Jersey judge

A judge has recently decided that a New Jersey man cannot sue media giant Time Warner Cable. According to the man, the he signed a contract with the cable company in November 2008. As part of that contract the man was supposed to receive MSG sports channels and programming.

However, in January 2012, the contract between MSG and Time Warner expired and, therefore, those MSG channels were not available for 49 days until a new contract was signed. As a result of this lapse, the man could not watch MSG programming and he brought suit for unjust enrichment, fraud, misrepresentation and breach of contract, among other claims. According to the man, he, and other cable users, still had to pay for these channels despite the fact that they were unavailable.

Shortly after the case was filed, Time Warner moved to dismiss the lawsuit. The judge agreed with the company and dismissed the suit. The judge argued that the nature of the cable package was meant to be flexible and change over time, and, therefore, no breach of contract took place.

This case shows that not all New Jersey contract disputes will go to a full-blown trial. It is possible, with the right help, for companies to get these types of complaints dismissed. Legal options exist that help companies overcome suits that are without merit.

In many of these cases, the company will need to show that no material breach took place. This means that they will need to show that under the terms of the agreement, it held up its end of the bargain. By showing that no breach took place, companies can get the suit dismissed and get back to business.

Source: Courthouse News Service, "Attorney Can't Sue Time Warner for Shows," Rose Bouboushian, June 11, 2013

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