Rocheux International of New Jersey, Inc. v. U.S. Merchants Financial Group, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “courts have generally eschewed applying formalistic requirements for the demand of adequate assurances”
• holding that clause requiring buyer to pay attorneys’ fee and interest on past due accounts, which was present in all invoices sent to buyer after delivery of each shipment was an enforceable term of the parties’ contracts
• holding that a clause requiring buyer to pay attorneys’ fee and interest on past due accounts, which was present in all invoices sent to buyer after delivery of each shipment was an enforceable term of the parties’ contracts
• assessing a contracting party’s insecurity in light of evidence that the counterparty was in breach of a different contract with the contracting party
• considering “(1) the parties’ prior course of dealing; (2) industry custom; (3) how clearly the additional terms were marked in the confirmation; and (4
• “The question before the [c]ourt, then, is whether [d]efendants’ proposed modification redresses a simple mistaken designation, for which Rule 8(c)(2) provides the appropriate standard for relief, or whether [d]efendants’ modification presents a new claim. . . .”

Source: CourtListener parenthetical corpus (CC0).