Carter's to have day in court against shoe giant Nike

In a case that pits an industry giant against a small business, Carter's, a shoe and apparel store in New Bedford and Fall River, will be in federal court today for a suit aimed at forcing Nike to restore its account.According to Adrian Beauregard, whose firm Beauregard, Burke & Franco is representing Carter's,Lululemon Women's Pants the judge could take up Nike's motion to dismiss in today's hearing.Nike's motion is based on a "contract" with Carter's. However, Carter's is challenging the validity of that contract.The Carter's complaint was filed in Bristol County Superior Court by Carter's on June 7.wholesale Coach Grade Sunglasses sale from www.googbusiness.com homepage. Carter's says 30 percent of its sales come from Nike products but in a March letter, Nike said Carter's account would be terminated June 30. No further reason was provided.Carter's brought suit in June to have Nike's decision reversed. In July, Nike filed a motion to dismiss, as the case was moved to federal district court in Boston.Responding to a request for comment on the case, Nike spokesman Greg Rossiter wrote "We believe the motion speaks for itself.Nike Air Max"Nike cites a myriad of case precedent for their motion, arguing that the contract requires that legal disputes be carried out in Oregon, and that Carter's complaint "fails to state a claim upon which relief can be granted."The contract, Nike says, states that a customer will not initiate an action against Nike in any other jurisdiction, and that the customer waives any objection on the grounds of the inconvenience of bringing the complaint in Oregon. 

But Beauregard said the "contract" is simply the fine print on the back of an invoice signed monthly by Carter's, a "contract of adhesion ... and that's not enforceable."Carter's is also claiming the clause is unconscionable."They're saying that this clause that's in nine-point font ... gives Nike the right to bring suit against a business that's buying from them anywhere they want, and then they say that the business, if they're bringing a suit against Nike, has to go to Oregon," Beauregard said.Nike lawyers also argue that the contract recognizes Nike's right to discontinue a sales relationship.Beauregard said the stakes are high in Carter's vs Nike. Carter's believes Nike is deliberately cutting out small businesses in favor of chain stores, she said."I think that the impact if this behavior is allowed .Wholesale Lingerie Sexy Lingerie.. the impact could be huge for small businesses," she said.http://cnbattachment.com/ "And not just the people who want to go into business, but for consumers."Can you imagine ... your choices of buying clothes are just Wal-Mart, Kohl's, Target — the giant chain stores?"If that's allowed, can you just imagine what would happen to the business in America?"Carter's stressed it has enough Nike shoes, including Air Jordans, to last through the Christmas season.