X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued: December 7, 2000

Appeal from a grant of summary judgment dismissing claims by a telephone service reseller against a telecommunications services provider, involving breach of contract, fraud, unfair competition, misappropriation, and unlawful conduct under the Communications Act, and from the granting of a counterclaim for shortfall penalties, and a cross-appeal from the dismissal of a counterclaim based on corporate veil-piercing, by the United States District Court for the Southern District of New York (Alvin K. Hellerstein, Judge). We principally hold that, under New Jersey law, when sophisticated parties enter into a series of individual, internally complete agreements, we cannot go outside the language of the contracts and treat them as a single, end-to-end transaction even though the buyer of products and services wanted them to be incorporated into a unified system. We further hold that all other claims and counterclaims were properly disposed of, save for AT&T’s veil-piercing counterclaim, which was dismissed without prejudice. We order that that counterclaim be dismissed with prejudice. Otherwise, we affirm.

Telecom International America (“TIA”) appeals from Judge Hellerstein’s grant of summary judgment dismissing its contractual, fraud, unfair competition, misappropriation, and Communications Act claims against AT&T Corp. TIA also appeals from the grant of summary judgment to AT&T on its counterclaims against TIA. AT&T cross-appeals from the dismissal of its counterclaim for breach of contract against TIA’s corporate parent, Telecom International Co., Ltd. (“TI”), seeking to pierce TIA’s corporate veil and obtain satisfaction of the counterclaim judgment from TI.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
March 24, 2025 - March 27, 2025
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More

Winkler Kurtz, LLP, a Port Jefferson Station law firm, seeks a Matrimonial Associate Attorney to provide assistance and be involved in all a...


Apply Now ›

Radoslovich | Shapiro, PC is a law firm based in Sacramento, CA, offering comprehensive legal services to diverse businesses across Californ...


Apply Now ›

The insurance defense firm of Downs Ward Bender Herzog & Kintigh, P.A. located in Hunt Valley, MD is seeking Litigation Associates with ...


Apply Now ›