Jay A. Hamad

Significant Representative Matters

• Served as lead trial counsel in a medical malpractice matter in which plaintiff alleged multiple deviations from the standard of care against a defendant surgeon. The alleged deviations included 1) failure to obtain and review records from an earlier procedure prior to subjecting the patient to the same surgery several years later 2) failing to order the recognized standard testing (ERCP, MRCP) prior to undertaking the second procedure. Within minutes of the commencement of deliberations, the jury returned a unanimous defense verdict (8-0).

• Obtained a dismissal of all claims in a premises liability matter on behalf of his client, security firm.  Plaintiff sustained significant injuries and was required to undergo multiple surgeries and was deemed permanently disabled. Plaintiff sought over $500,000 in past medical expenses and a seven figure lost wages and future medical expenses claim.  Plaintiff and co-defendants asserted cross claims against Jay's client and undertook significant efforts to obtain contribution from his client towards settlement of the claim.   During paper discovery and depositions, Jay was able to expose evidentiary lapses in the theory of liability against his client.  Jay capitalized on the success in the discovery process to move for dismissal of all claims and cross claims in motions in limine based upon the multiple evidentiary lapses.  

• Obtained decision from Office of the Attorney General and the Board of Medical Examiners which denied a patient's request to institute disciplinary action against Jay's client, physician partner of a large practice group.  A patient complaint was filed with the Office of the Attorney General and the Board of Medical Examiners accusing Jay's client of violations and seeking potential suspension and revocation of medical license.  Jay crafted a strategy geared towards obtaining a determination form the Board of Medical Examiners which would deny the complaint's request for the initiation of formal disciplinary action while limiting any potential damage to his client's defense in the event of subsequent civil litigation.  Jay represented his client during a hearing with the Office of the Attorney General and the Board of Medical Examiners.  After the hearing, the board rendered a decision denying the complaint's request to institute formal disciplinary action. 

• Served as lead counsel in a binding arbitration proceeding of a commercial contract litigation in which plaintiff, a regional construction firm, alleged that our client, manufacturer of industrial chemicals, should be liable for losses stemming from the theft of industrial equipment which was purchased from and stored by our client. While the plaintiff also sued the subsequent owner of the facility, Jay's client was the primary target of the litigation.  The parties agreed to a binding arbitration.  After opening statement and examination and cross examination of witnesses from the various parties, the co-defendant settled, Jay and his client refused to settle and completed the mandatory arbitration.  After closing statements, the arbitrator awarded Jay's client a no cause.

• Served as lead trial counsel and obtained payment for his client, small medical practice group, from state wide property developer who refused to abide by the terms of an agreement with his client.  Jay was retained to assist a small medical practice group in the obtainment of damages as a result of the developer's failure to comply with contractual responsibilities. After attempting to dispose of the issue amicably, Jay initiated litigation for damages as a result of breach of contract.  Jay expedited the discovery process and served as lead trial counsel.  At trial, Jay's client was awarded payment under the terms of the contract.

Education

• Rutgers, The State University of New Jersey School of Law - Newark, Newark, New Jersey, 2005 J.D.

• New York University, 2002 B.A., With Honors

  Honors: cum laude
  Major:  History

Classes/Seminars Taught

• Presented MRSA and Hospital Infections- Plaintiff and Defense Perspectives, and Epidemiological Overview sponsored by Mealey's Litigation Conferences.

Past Employment Positions

• McDonough, Korn, Eichhorn & Schorr

• Law Clerk to the Hon. Bryan D. Garruto, Superior Court of New Jersey, 2005-2006