Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Maksin Management Corp. v. Roy A. Rapp

August 8, 2008

MAKSIN MANAGEMENT CORPORATION, PLAINTIFF-APPELLANT/ CROSS-RESPONDENT,
v.
ROY A. RAPP, INC., A NEW JERSEY CORPORATION, AND ROY A. RAPP, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS, AND
LINDA GATCHEL, D/B/A QUALITY SERVICE ADMINISTRATORS, DIANE HETTINGER, POWER PURCHASING, INC., JOSEPH CARDONA, AND WILLIAM LAURIE, D/B/A INSURANCE CAPITAL SERVICES, DEFENDANTS-RESPONDENTS.



On appeal from Superior Court of New Jersey, Law Division, Camden County, L-4633-03.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 9, 2008

Before Judges Cuff, Lisa and Simonelli.

Plaintiff Maskin Management Corporation filed a complaint against its former employee, defendant Linda Gatchel (Gathcel), and her company, for breach of the duty of loyalty and the covenant of good faith and fair dealing; for tortious interference with plaintiff's contractual relationship with plaintiff's major client, defendant Power Purchasing, Inc. (PPI); and for misappropriation of trade secrets. Plaintiff also sought damages from defendant Roy A. Rapp (Rapp) and his company, defendant Roy A. Rapp, Inc. (RRI), for breach of an asset purchase agreement, for tortious interference with plaintiff's contractual relationship with PPI, and for fraud; from defendant Diane Hettinger (Hettinger) for tortious interference with plaintiff's contractual relationship with PPI, and fraud; from defendant Joseph Cardona for tortious interference with plaintiff's contractual relationship with PPI;*fn1 and from defendant William Laurie (Laurie) for tortious interference with plaintiff's contractual relationship with PPI, misappropriation of trade secrets, and unfair competition.

Rapp and RRI filed a counterclaim for breach of contract, anticipatory breach of contract, quantum meruit, declaratory judgment and breach of implied covenant of good faith and fair dealing.

Plaintiff appeals from the following orders:

1. August 19, 2005, granting summary judgment to Hettinger and PPI, dismissing plaintiff's second amended complaint with prejudice;

2. August 19, 2005, denying plaintiff's cross-motion for partial summary judgment against Hettinger for liability for Gatchel's torts and fraud; and partial summary judgment against PPI for liability for Gatchel's torts and breach of the covenant of good faith and fair dealing and fraud;

3. September 23, 2005, denying plaintiff's motion for reconsideration of the orders of August 19, 2005, denying plaintiff's motion to amend the complaint to assert a conspiracy claim against Hettinger and PPI, and denying plaintiff's cross-motion for summary judgment against PPI for liability for Gatchel's torts and breach of covenant of good faith and fair dealing and fraud;

4. September 23, 2005, granting Gatchel's and Laurie's cross-motion for summary judgment;

5. September 23, 2005, denying plaintiff's motion for partial summary judgment against Gatchel;

6. June 9, 2006, denying plaintiff's motion for reconsideration of the orders of September 23, 2005 granting summary judgment to Hettinger, PPI, Gatchel and Laurie; and

7. October 20, 2006, granting summary judgment to Rapp and RRI.

Rapp cross-appeals from that portion of the October 21, 2005 order denying his motion to amend the counterclaim to include a punitive damages claim; and from the order of October 20, 2005,*fn2 granting plaintiff partial summary judgment on Rapp's breach of contract and breach of the implied covenant of good faith and fair dealing claims.*fn3

We reverse the grant of summary judgment to Gatchel, Rapp, RRI and Laurie. We affirm in all other respects.

The following facts are summarized from the record. Plaintiff was engaged in the business of insurance policies and claims relating to students in kindergarten through high school and to sports organizations and colleges. Thomas F. Smith was plaintiff's president and chief executive officer.

RRI, owned by Rapp, was engaged in the business of providing third-party administrator (TPA) services to corporate accounts, including medical and disability claims administration, prescription drug card administration, and the placement of stop-loss insurance. RRI received commissions for its services.

In or about October 2001, PPI retained RRI to provide third-party administration of its occupational accident claims. Hettinger was PPI's president at the time, and entered into two rate agreements (the PPI agreements) with RRI, pertaining to two separate groups of employees to whom PPI provided services. Both agreements were renewed on October 1, 2002; however, one agreement terminated July 31, 2003, and the other terminated September 20, 2003. Neither of the agreements required PPI to do business with RRI for the full duration of their terms. Rather, they merely itemized "the full Professional Services between [PPI] . . . and [RRI]" for the relevant time periods and with respect to the relevant employee groups. The PPI agreements did not contain a guarantee of renewal or any ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.