Two cases this week.
Answers the question of whether NJ Transit is a “common carrier.” Answer = yes. The court imposes common carrier liability duties on NJ Transit. The duty is more than getting people from point A to point B. The court also crafted a specific jury charge for the allocation of damages across the agency, the agency’s employee and an unrelated tortfeasor. At stake a $1.8 million award to the plaintiff.
Equitable remedies and statutory Securities Law collide when a financial analyst’s promise of employment never materializes. The required written term sheet never materialized either. The court found the plaintiff’s claims are limited to “reliance damages” not “benefit of the bargain” damages. He can recover what he would have earned had he not relied upon the oral employment promise.
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