.

John L. Slimm

Senior Counsel

JLSlimm@mdwcg.com

Portrait of John L. Slimm

Jack is a member of the Professional Liability Department where he concentrates his practice in complex litigation, with emphasis on the defense of professionals, including lawyers, accountants, architects and engineers, insurance brokers, real estate professionals, and directors and officers in matters pertaining to malpractice, negligence, fraud, and defamation.  He is also a fellow in the American College of Trial Lawyers, and has tried over 150 cases and argued scores of appeals. 

Jack is admitted to practice in New Jersey, the District of New Jersey, the Court of Appeals for the Third Circuit, and the United States Supreme Court. He has also been admitted to try cases in the Commonwealth of Pennsylvania, the Eastern District of Pennsylvania, the Eastern District of New York, and the Southern District of New York, as well as the Supreme Court of the State of New York.

A graduate of the University of Notre Dame Law School, Jack subsequently served as Law Secretary for the Honorable Thomas F. Dalton, J.S.C., Superior Court of New Jersey.

Jack is a frequent speaker for the New Jersey Institute for Continuing Legal Education and the American College of Trial Lawyers on legal malpractice matters.

In 2025, Jack was recognized by the New Jersey Judiciary for his exemplary pro bono work and unwavering commitment to serving the public.

    • Notre Dame Law School (J.D., 1970)
    • La Salle University (B.A., 1967)
    • New Jersey, 1970
    • AV® Preeminent™ by Martindale-Hubbell®
      The Martindale-Hubbell rated attorney list is issued by Internet Brands, Inc. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • The Best Lawyers in America®, Legal Malpractice Law - Defendants; Professional Malpractice Law – Defendants; Philadelphia "Lawyer of the Year" Legal Malpractice Law - Defendants, 2015 (2010-2027)
      The Best Lawyers list is issued by Woodward & White. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • New Jersey Super Lawyer List (2005-2009, 2011-2021)
      The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • American Bar Association
    • American College of Trial Lawyers
    • Burlington County Bar Association, Co-Chairman of Civil Practice Committee
    • Camden County Bar Association, Civil Practice Committee
    • New Jersey State Bar Association
    • Legal Malpractice Update, NJICLE Seminar, June 14, 2024
    • The Defense of Appellate Counsel in Legal Malpractice Actions, Client Webinar, June 4, 2024
    • NJ Business Rule and Its Application to Lost Profits, NJICLE Business Litigation Year in Review Seminar, November 1, 2023
    • Strategic Approaches to Handling Lost Profit Claims Under New Jersey's New Business Rule, Client Webinar, September 7, 2023
    • Mediation Process & Techniques in Civil & Chancery Disputes: Producing the Best Results for Your Client, Camden County Bar Association’s Civil Practice Update, June 5, 2023 
    • Criminal Defense Bar and Their Exposure to Legal Malpractice & Cross-Examining an Expert in a Legal Malpractice Case, NJICLE 2023 Legal Malpractice Update, March 25, 2023 
    • Virtual Jury Trials in New Jersey: The Good, The Bad and The Ugly, Client Webinar, March 25, 2022
    • NJICLE Annual Legal Malpractice Conference, March 27, 2021
    • De Bene Esse Depositions, NJICLE Deposition College Seminar, March 26, 2021
    • What Can Go Wrong At Trial?, New Jersey Institute for Continuing Legal Education, April 2014
    • Where Has All the Privity Gone?, New Jersey Institute for Continuing Legal Education, March 2013
    • Legal Malpractice, New Jersey Law Journal Continuing Legal Education Series, December 2012
    • Examining Non-Traditional Claims Against Lawyers, The Hartford, May 2012
    • Non-Traditional, Complex Professional Liability Claims, PLUS, April 2012
    • New Jersey's Litigation Privilege, How It Applies and Can Be Used In Defense of Attorneys in Actions Filed in Both State and Federal Courts in New Jersey, New Jersey Institute of Continuing Legal Education, April 2012
    • Civil Practice, Camden County Bar Association, November 2011
    • Legal Malpractice, Mercer County Bar Association, November 2011
    • False Arrest and Malicious Prosecution, CNA Insurance Company, October 2011
    • 2010 Review of the New Jersey Environmental Law Seminar: Issues of Legal Malpractice and Ethics Arising Out of the Handling of Transactions in Which Environmental Issues are Involved, New Jersey Institute for Continuing Legal Education, March 2010
    • Defense Perspective of Civil Practice Under the Rules of Court, Camden County Bar Association Civil Practice Committee, November 2009
    • Legal Malpractice Seminar, Burlington County Bar Association, November 2009
    • Civil Practice, Camden County Bar Association, February 2009
    • "Strategic Defenses to Appellate Malpractice Claims," PLUS Blog, April 19, 2024
    • "Strategy is Key for Opening Statements and Closing Arguments," New Jersey Lawyer, June 2021
    • "The Liability of Trial Counsel for Strategic and Tactical Judgments Made During Trial,"New Jersey Law Journal Professional Malpractice Supplement (page 6), January 13, 2020
    • "How to Avoid Liability For Your Clients' Representations,"New Jersey Law Journal, Professional Malpractice Supplement, January 9, 2019
    • "The Immunity of Attorneys for the Occasional Bad Result,"New Jersey Law Journal, Professional Malpractice Supplement, January 15, 2018
    • "When Attorney Fees Can Be Awarded in Legal Mal Actions Brought by Non-Clients," New Jersey Law Journal, January 24, 2017
    • "Disgruntled Beneficiaries and Claims Against Estate Planning Attorneys," New Jersey Law Journal, January 18, 2016
    • “New Jersey's Litigation Privilege Does Not Bar a Claim By a Client for Legal Malpractice Against Defense Attorneys,” Defense Digest, Vol. 19, No. 1, March 2013
    • “The Litigation Privilege In Claims Against Attorneys,” New Jersey Law Journal, Vol. 203, No. 11, March 14, 2011
    • "New Jersey Holds Comparative Negligence Defense Unavailable in Broker Malpractice Actions," Defense Digest, Volume 7, No. 6, December, 2001 
    • "Hashing Out the Broker -Dealers Duty of Disclosure," Pennsylvania Law Weekly, September 27, 2001
    • "Discharge of At-Will Employees in New Jersey," Defense Digest, Volume 7, No. 4, August 2001 
    • "The Architect's Conditional Privilege to Interfere with the Construction Contract of its Principal," Defense Digest, Volume 7, No. 4, August 2001 
    • "New Jersey Appellate Division Concludes that the Manifest Trigger Applies for Only First-Party Property Damage Coverage Involved," Defense Digest, Volume 6, No. 5, October 2000 
    • "New Jersey Limits Accountants Liability in Securities Fraud Actions," Defense Digest, Vol. 6, No. 4, June 2000
    • "New Jersey Rejects Claims for Bad Faith Settlement of Asbestos-Related Personal Injury Claims," Defense Digest, Vol. 6, No. 4, June 2000 
    • "Federal Court, Under Judicial Estoppel Theory, Rejects Plaintiff's Claims For Disability Under the ADA and NJLAD," Defense Digest, Vol. 6, No. 2, April 2000 
    • "New Jersey Limits Accountant's Liability in Review Engagements," Defense Digest, Volume 6, No. 1, February 2000 
    • "Proving the Empty Chair Defense In New Jersey Product Liability Actions," Defense Digest, Vol. 5, No. 2, 1999 
    • "New Jersey Accounting Malpractice Update," Defense Digest, Vol. 5, No. 3, 1999 
    • "New Jersey Supreme Court Rejects Learned Intermediary Doctrine," Defense Digest, Oct. Vol. 5, No. 5, 1999
    • Successfully defended an action in the Superior Court of New Jersey, Law Division, Monmouth County, and obtained dismissal of a legal malpractice action involving $12 million in liquidated damages arising out of two underlying Law Division actions, two bankruptcy matters, a Federal District Court action, an Appeal to the Third Circuit, underlying foreclosure and Note actions, and an appeal to the Appellate Division. Jack represented a well-known bankruptcy practitioner in connection with claims made by the plaintiff borrower against the lender bank, its officers, and counsel.
    • Obtained a defense verdict in an action recently tried in the Superior Court of New Jersey, Law Division, Monmouth County, in which Jack represented a boutique New York firm in connection with their representation of a money manager in a construction defect case involving millions of dollars in damages.  Jack, during trial, was successful in getting the malpractice claims dismissed.  Jack then proceeded to argue the insured’s Counterclaim for fees due and owing.  The jury found in our favor, and entered a Judgement against the plaintiff on our Counterclaim in the approximate amount of $250,000.00.  Then, the Court awarded contractual interest (which is discretionary), taking the total award in favor of our client against the plaintiff to almost $500,000.00.
    • Obtained a defense verdict in a matter tried in the Superior Court of New Jersey, Law Division, Burlington County, involving a New York firm who was sued in connection with the failure to properly prosecute a Title 7 retaliation case.  Jack tried the case-within-a-case Title 7 case, and the jury found that there was no causation for the legal malpractice action because the plaintiff’s employer rightfully terminated the plaintiff, and that there was no retaliation by the employer.
    • Obtained a defense verdict in the Superior Court of New Jersey, Law Division, Gloucester County in favor of a land use planning attorney arising out of claims of negligent land use planning and land development, which arose out of the faulty design of a drainage system for a new development.
    • Successfully defended in the Superior Court of New Jersey, Law Division, Hunterdon County, an architect in connection with claims asserted by homeowners for water infiltration, mold growth, personal injuries, and permanency in a multi-defendant action against builders, developers, architects, and engineers relative to the design of a solar panel system.
    • Successful at trial in the Superior Court of New Jersey, Law Division, Middlesex County in the defense of manufacturers of keyboards, and in defense of claims for orthopedic injuries against the manufacturers of keyboards.  This was the first test case tried in New Jersey. Jack tried this case for weeks, resulting in a defense verdict for the computer keyboard industry.
    • Successful at trial in the Superior Court of New Jersey, Law Division, Cape May County, in a complex legal malpractice action where the Court entered a direct verdict after a trial lasting months involving claims by a developer against the lending bank and bank counsel for lender liability and fraud.
    • Successfully obtained a dismissal in a Superior Court of New Jersey, Law Division, Monmouth County, case on behalf of a County Utilities Authority in an action by a developer against Municipalities, the Utilities Authorities, the Freeholders, and the Counties arising out of the developer’s claim, in an affordable housing development, that the Municipalities refused to provide consent to permit water service for the property, and failed to facilitate the development of affordable housing.
    • Successful at trial in the Superior Court of New Jersey, Law Division, Ocean County, in a complex legal malpractice action arising out of a claim that the real estate/business law firm failed to properly document a multi-million dollar transaction, failed to properly ascertain the true owner of the property, and failed to properly investigate the Title to the property and undertake a Title search. Jack successfully argued at trial that the real estate attorney had a limited scope of engagement, and was only required to draft transaction documents based upon information provided by the clients.
    • Cureton Clark, P.C. v. William H. Lewis, Individually and as Administrator of the Estate of Irma B. Lewis, Superior Court of New Jersey, Burlington County, Chancery Division – Probate Part, Docket No:  2008-0644. In this case, Jack defended the Counterclaim filed by the Administrator of an Estate against the attorneys who handled the probate litigation. The attorneys were retained to defend the probate case which involved the challenge of gifts. Following the resolution of that litigation, the attorneys filed an action against the Estate for non-payment of fees.  The Estate filed a Counterclaim and a Third Party Complaint against the attorneys, alleging legal malpractice, fraud, and misrepresentation in connection with the attorney's handling of the underlying probate case and their billings. The Complaint and Counterclaim were tried in the Superior Court of New Jersey, Burlington County, Chancery Division – Probate Part. Jack defended the Counterclaim and Third Party Complaint. After a trial spanning several weeks, the Court issued its opinion on October 18, 2013 dismissing all claims in the Counterclaim and Third Party Complaint, and also awarding fees to our clients. The Court found that the services performed by our clients were not performed in bad faith or for the purpose to gain fees in the underlying case. The Court found that there was no dishonesty, fraud or deceit on the part of the attorneys in their billings. The Court did not find any deceit, fraud, or dishonesty by the attorneys. Also, the Court agreed with our position, pursuant to Camden Iron v. Klehr, 384 N.J. Super. 172 (App. Div. 2006), that there is no independent cause of action in New Jersey based upon the Rules of Professional Conduct. The Court also found that there was no showing by clear and convincing evidence of any material misrepresentations by the attorneys.
    • Johnson v. McClellan, 468 N.J. Super. 562 (App. Div.), cert. denied, 249 N.J. 76 (2021). Jack was retained by a prominent law school to represent on appeal one of its professors who had been charged with the unauthorized practice of law, which resulted in the Trial Court entering a Judgment against the professor for hundreds of thousands of dollars, including treble damages and attorneys’ fees because of his acceptance of a referral fee in a malpractice case.  The plaintiff argued, and the trial Judge found, that the professor violated New Jersey’s Criminal Statute for the unauthorized practice of law.  Jack was retained to brief and argue the appeal.  The Appellate Court reversed the Trial Court, reversed the finding that the professor engaged in the unauthorized practice of law, and reversed the Trial Court’s Judgment which had been entered against the professor for treble damages and fees.  The Supreme Court denied plaintiff’s Petition for Certification.  This decision could spare others from criminal prosecution under New Jersey’s Criminal Statute related to the unauthorized practice of law.
    • Schwartz v. Cooper Levenson, 251 N.J. 556 (2022).  Jack argued before the New Jersey Supreme Court in this precedent-setting case in connection with whether the New Business Rule constitutes a per se bar on all lost profits claimed by new businesses.  This opinion applies in any type of case in which a new business is making a claim for lost profits.  The Supreme Court agreed with Jack’s argument that if the Court intended to amend the rule, then they should follow the New York and Illinois rule, which provides that such claims must be proven by reasonable certainty.  Jack convinced the Supreme Court to apply New York and Illinois law to find that, with regard to a new business, the reasonable certainty standard applies to claims for lost profits.  This decision will apply to all cases in which a new business is making a claim for lost profits.  The Supreme Court ruled, pursuant to Jack’s argument, that Trial Courts must now “carefully scrutinize” a new business’  lost profits claim, and should bar that claim unless it can be proven with reasonable certainty.  
    • Mystic Isle Development Corp. v. Perskie & Nehmad, 142 N.J. 310 (1995). This case is a precedent-setting case in New Jersey juris prudence. Jack successfully argued before the New Jersey Supreme Court that the Entire Controversy Doctrine applied to attorneys and law firms. This case is regularly cited in opinions by the Appellate Division and the New Jersey Supreme Court regarding the application of the Entire Controversy Doctrine.
    • Lynch v. NJ Education Association, 161 N.J. 152 (1999). Jack successfully argued in the New Jersey Supreme Court on behalf of an editor, in a public figure defamation case, that the plaintiff, a State Senator, was a public official and public figure. The plaintiff argued that the campaign literature was defamatory, including an article entitled “Boss of Bosses,” which was published in a local newspaper.  The Senator alleged that the advertisement described him not merely as associated with organized crime, but as its top official.  The Supreme Court held that the statement in the newspaper was not defamatory.  The Supreme Court also held that the facts in the newspaper advertisement that the Senator had been a partner and an officer in three mob-owned companies, and had mobsters as business partners and clients, did not support the assertion that the Senator was the boss of bosses of the mafia.  The Court found that readers of the newspaper articles would understand the statements to be hyperbole and name-calling, emanating from a rough-and-tumble political campaign.  The Court found that the Senator’s proofs did not demonstrate that a jury could find by clear and convincing evidence that the editor published the statements with actual malice.
    • 2820 Mt. Ephraim Ave. v. Brown, A-2694-19/A-2699-19 (App. Div. July 13, 2021).  Jack successfully argued pre-trial Motions for Summary Judgment in the Superior Court of New Jersey, Law Division, Camden County, in a $10,000,000 tortious interference and defamation case filed on behalf of investors against an attorney and bank counsel arising out of a multi-million dollar loan for a commercial land transaction. The allegations against the attorney included claims of slander for allegedly calling the plaintiff a “wannabe gangster” in front of a potential investor, as well as a claim for tortious interference with prospective economic advantage for a contract that plaintiff entered into with the investor.  The Trial Court granted the Motions, and found that calling plaintiff a “wannabe gangster” was name-calling, and not actual defamation.  On appeal, the Appellate Division affirmed the Trial Court’s holding, and held that the statement “wannabe gangster” does not constitute slander per se because it did not impute a criminal offense, and did not necessarily assign the plaintiff a characteristic that was incompatible with his business or trade as an attorney and accountant. The Appellate Division agreed with the Trial Court that the statement fell within the litigation privilege.  The Appellate Division affirmed the Trial Court’s Order which granted the attorneys’ Motion for Summary Judgment because the defamation claim was barred by the litigation privilege.
    • Camden Iron & Metal, Inc. v. Klehr Harrison, 384 N.J. Super. 172 (App. Div., certif. denied), 187 N.J. 83 (2006). This is a seminal case in New Jersey in which Jack successfully appealed the decision of the trial court. The Appellate Division ruled that New Jersey courts do not have the authority to regulate attorney conduct in Pennsylvania simply because the attorneys are admitted in New Jersey and have offices in New Jersey. Also, the court ruled that forum non conveniens Motions for Disqualification must be filed in the jurisdiction where the underlying litigation is pending. The court also ruled that the Rules for Professional Conduct do not provide a basis for a legal malpractice action. The New Jersey Supreme Court denied plaintiff's petition for certification. 
    • Morris Properties, Inc. v. Jonathan Wheeler, et al., A-2653-20 (App. Div. February 28, 2023). Jack successfully argued on appeal, in a legal malpractice action arising out of an underlying complex insurance coverage litigation in the United States District Court, that in legal malpractice actions, proximate cause requires an initial determination of cause in fact, which requires proof that the result complained of probably would not have occurred but for the negligent conduct of the defendant.  Also, Jack made the point that a plaintiff must then present evidence to support a finding that the defendant’s negligent conduct was a substantial factor in bringing about plaintiff’s injury, even though there may be other concurrent causes of the harm.  In addition, Jack successfully argued that a plaintiff must show what injuries were suffered as a proximate consequence of the attorney’s breach of duty, ordinarily measured by the amount that a client would have received but for the attorney’s negligence.  Also, the client must have sustained actual damage that is real, not merely speculative.  It is the plaintiff’s burden to show what injuries were suffered as a proximate consequence of the attorney’s breach of duty.  In Morris Properties, at the trial level, Jack argued that plaintiffs did not present expert testimony to demonstrate that the plaintiff would have prevailed in its coverage case against the carrier, or would have received a greater settlement had the attorneys met the standard of care.  The Appellate Division agreed that plaintiffs failed to establish proximate cause as a matter of law, and that expert testimony was necessary to prove proximate causation and damages. Plaintiffs did submit an expert report.  
    • Borough Construction, Inc. v. Lenape Reg. High School Dist. Bd. of Ed. v. DiGeronimo/Mikula Assoc., 445 Fed. Appx. 498 (3d Cir. 2011). Jack Slimm and Dante Rohr had the privilege of representing the nationally recognized expert in the design of running tracks in an action in the United States District Court for the District of New Jersey.  Our client developed the standards used in the industry for running tracks, including those at the Olympic level where he has designed running tracks.  In the litigation, the school district brought suit against numerous contractors, designers, etc. for defects in the high school.  The co-defendants settled at mediation leaving in the case the general contractor for his retainage, and our client, who designed the running track.  The school district alleged, through their expert, that the running track was not properly certified, was not properly built, and was not certifiable.  Therefore, the school district had a new track installed at considerable expense.  This track was a "double bend" or "broken-back" configuration.  (You might recall seeing that design when you watched the Olympics on television).  In any event, the case involved some courtroom drama because the school district took the risk of re-calling their expert engineer on rebuttal.  When he was re-called, he changed his opinion.  When asked by the Federal judge why he changed his testimony, the plaintiff's expert testified, "I was confused by Mr. Slimm's cross-examination."  That cross-examination came through the geometric calculations which were done at counsel table by New Jersey's resident electrical engineer, Dante Rohr, who gave Jack the numbers on the fly so that Jack could cross-examine plaintiff's expert.  It worked, and the expert was discredited.  The court, after findings of fact and conclusions of law, rejected the opinions of plaintiff's expert, and entered Judgment in favor of our client dismissing all claims.
    • Shapiro v. Rinaldi, A-1753-14T4 (App. Div. March 18, 2016). Jack successfully argued at the Trial Court and on appeal that the law firm had no liability for the actions of the non-lawyer assistant to advise clients with respect to their legal rights, including advising clients of deadlines to file a claim. Jack was successful in arguing that the plaintiff’s expert’s reliance on the Rules of Professional Conduct was not sufficient to make out a cause of action for legal malpractice. Also, this opinion is significant because, in the same, the Appellate Division held that, with solo practitioners, the attorney took responsibility to ensure that his secretary/paralegal complied with his professional obligations. In addition, the Appellate Division rejected the plaintiff’s claim that the attorney should be held vicariously liable for his secretary’s oversight. Significantly, the Court held that the attorney’s secretary was not an attorney, and owed no duty to the plaintiff.
    • Broadway Family Practice v. Willitts (Successful defense of appeal in App. Div. under Docket No: A-3700-04T1) (App. Div. 2005). In this Appellate Decision argued by Jack, the court held that the Entire Controversy Doctrine does apply to bar legal malpractice if the attorney commits malpractice in the course of handling a case and the client becomes aware of the facts supporting the potential claim while the case is still pending. The malpractice action against the attorney must be joined with the underlying lawsuit, or it will be barred by the Entire Controversy Doctrine. The Entire Controversy Doctrine applied in that case because in April of 1997, when the underlying Chancery Division action was pending, the law was such in New Jersey that the attorney could have and should have been joined as a defendant pursuant to Mystic Isle Development Corp. v. Perskie & Nehmad, 142 N.J. 310 (1995), a case which Jack successfully argued in the New Jersey Supreme Court. 
    • Shamrock Lacrosse, Inc. v. Klehr, Harrison, Harvey, Branzburg & Ellers, LLP, 416 N.J. Super. 1 (App. Div. 2010). Jack successfully argued in the Appellate Division in a complex legal malpractice action arising out of the allegedly negligent omissions made by a patent attorney who had worked, in succession, at two law firms.  The Complaint alleged that the attorney failed to assure that certain renewal fees necessary to maintain plaintiff’s patent were paid to the United States Patent & Trademark Office (the “USPTO”).  Consequently, the patent expired, and plaintiff was unable to get it reinstated.  As a result, plaintiff claimed that it suffered economic harm.  In this precedent-setting case, the Appellate Division held that under New Jersey’s Affidavit of Merit Statue, N.J.S.A. 2A:53A-26 to -29, law firms are “licensed persons” for which an Affidavit of Merit is required under the Statute, N.J.S.A. 2A:53A-27.  The Court held that it would be anomalous to allow a plaintiff to evade the Affidavit of Merit requirement by suing only the professional entities (here the law firms), and not the principals, partners, shareholders, and employees of those firms who actually provided the professional services in question.  In addition, the Court rejected the plaintiff’s argument that the Complaint fell, at least in part, outside the scope of N.J.S.A. 2A:53A-27 because it substantively asserted various other causes of action in additional legal malpractice.  The Court found that the other claims were “simply labels for a cause of action, the essence of which is one sounding in legal malpractice.  Accordingly, the Affidavit of Merit obligation applied to the entire Complaint.
    • Soult v. Mattioni, Ltd., A-A-2619-07T2 (App. Div. February 20, 2009), Jack successfully argued at the trial level, and then on appeal, that attorneys handling toxic tort cases do not have an obligation to shop for a new expert when they receive an unfavorable opinion. In this key case, the Appellate Division held that there is nothing to support a plaintiff’s claim and a plaintiff’s expert opinion that it is the standard to continue to shop for a favorable expert once unfavorable reports are rendered. The Court made the point that without liability, damages are pointless. This is the only Appellate Division case on this issue. Attorneys are not required to shop around for a better or different expert in order to prove liability. Once the attorney receives an opinion from a competent expert (whether on the defense side of the plaintiff side), there is no continued duty to shop for a favorable expert in an attempt to get a better or different opinion.
    • Merrick Wilson; Presidential Hill, LLC;  and Pennington Hills, LLC v. Robert A. Gladstone, Esq. and Charles J. Casale, Jr., Esq., A-1774-11T1 (App. Div. May 17, 2013). In this case, Jack successfully argued at trial, and on appeal, in this multi-million dollar land use planning matter, where plaintiffs brought a legal malpractice claim against the defendant zoning counsel, who was retained to challenge Hopewell Township’s Zoning Ordinance. In the case, the plaintiff/developer argued that the attorney failed to Subpoena NJDEP personnel to testify at trial that the Town used improper methodology to support its conclusions as to the availability of water for residential development on the property. The Appellate Division held that it was speculative for plaintiffs to argue that the DEP would have provided a letter opinion or testified at the trial. It was purely speculative as to what the DEP engineer would have testified to at trial, and whether it would have been favorable to the plaintiffs’ position.
    • Twp. of Gloucester v. Maryland Casualty, 702 F. Supp. 1126 (D. N.J. 1987). Jack was lead counsel in this environmental coverage case. This was the first case in New Jersey to establish the doctrine of known risk in Law Division cases. The case involved $100 million in damages to the township property. 
    • Monsanto v. Lacy's Express, 5 F.3d 1490 (3d Cir. 1993). Jack argued as lead counsel and was successful in obtaining a dismissal based upon New Jersey's entire controversy doctrine. 
    • Trivedi v. Martin-Simmonds, A-3166-05T5 (App. Div., May 14, 2007). The Appellate Division affirmed an order for Summary Judgment obtained by Jack in a legal malpractice action against Allstate's defense counsel, where there was an underlying excess verdict. Jack successfully argued that the opinions of plaintiffs' experts were net opinions. The Appellate Division found that expert testimony is necessary in professional malpractice cases in order to establish both the applicable standard of care and whether damages were proximately caused by the alleged negligence of the attorney. This case is significant because in it the Appellate Division affirmed the order for Summary Judgment granted by the trial court in favor of the defense attorneys appointed by All State to defend their insured in the underlying litigation. Unfortunately, there was an excess verdict, which resulted in a legal malpractice action. Nevertheless, Jack was successful and the Appellate Division ruled that plaintiffs' experts referenced no judicial or statutory authority establishing the existence of a standard of care for defense attorneys when the client's monetary exposure over the policy limits places the client in jeopardy of substantial excess verdict. 
    • Torban v. Obermayer Rebmann Maxwell & Hippel, LLP, A-3660-05T3 (App. Div., June 27, 2007). Jack obtained a dismissal at trial, which was affirmed on appeal, on behalf of the law firm in connection with duty of attorneys regarding post-mortem tax planning. The case was decided pursuant to the Estate of Fitzgerald v. Linnus, A-6626-98T3 (App. Div. Jan. 22, 2001). This matter was affirmed on appeal. Jack was successful in arguing that the attorneys had no duty to the testator's son for post-mortem tax planning. The Court found that the estate plan drafted by the attorneys would have been affected had the testators followed the attorney's instructions regarding retitling certain assets. This case holds that attorneys retained to counsel an executor during administration of an estate are under no duty to advise regarding post-mortem estate planning options. 
    • Liberty Travel v. Friedman & Siegelbaum, A-4136-07T1 (App. Div. July 14, 2010).  In Liberty Travel, the legal malpractice action arose from a class action suit filed in Pennsylvania, arising out of claims for retaliatory termination, and violation of the Pennsylvania Minimum Wage Act.  In the malpractice action, Liberty claimed that the attorneys failed to obtain an extension of time to Answer the employee's Complaint, and that a default was entered and not vacated, resulting in a Judgment of $1,406,117.58 against Liberty.  The Court held that under the case-within-a-case Doctrine, Liberty was legally liable in the class action suit.  Although there were deviations from the standard of care, nevertheless there was no causal connection under Froom v. Perel, 377 N.J. Super. 298 (App. Div.), certif. denied, 185 N.J. 267 (2005).
    • Chulsky v. Hudson Law Offices, 2011 U.S. Dist. LEXIS 29781 (D.N.J. March 22, 2011).  In this case of first impression, the Court granted the Motion to Dismiss with respect to the New Jersey Consumer Fraud Act and the Truth In Consumer Contract Warranty & Notice Act claims brought by a debtor against a collection attorney arising out of the attorney's purchase of and attempts to collect a consumer debt.  The Court held that the New Jersey Consumer Fraud Act does not reach the debt collection activities of a debt buyer of defaulted credit card debt.  It found that a debt buyer, while subject to regulation under the FDCPA and, perhaps, New Jersey's Collection Act or Criminal Statutes, is not a "seller" whose subsequent performance falls within the ambit of the NJCFA.
    • Morse v. Kaplan, 2011 U.S. Dist. LEXIS 61201 (D.N.J. June 8, 2011).  In this Fair Debt Collection Practices Act claim against a collection attorney, the Court granted Summary Judgment when suit was brought stemming from two debt collection letters written by the attorney to the debtor.  
    • ACBB-BITS v. Clancey v. Lombardo, A-2734-09T1 (App. Div. November 21, 2011). Jack successfully defended an appeal in a complex economic dispute between a property owner, a commercial landlord, a real estate broker, and the attorney who represented the plaintiff-owner in Lease negotiations for an office building in New Jersey. In the Law Division, Jack was successful in obtaining an Order for Summary Judgment.  After the other defendants obtained dismissals, the matter was appealed. The Appellate Division agreed with Jack's argument that the Third Party Complaint filed by the real estate broker against the attorney did not state a claim because the broker and the attorney could never be deemed joint tortfeasors under New Jersey's Joint Tortfeasors Contribution Law.  Their alleged torts were separate in nature and time. The broker could not claim that he relied upon any representations of the attorney for the owner, nor that his firm represented them. New Jersey law does not provide a cause of action under these circumstances which the broker could pursue. Therefore, although the case was remanded in connection with the owner's claims against the broker for tort, breach of contract, and consumer fraud, the Appellate Division affirmed the Judgment.
    • 2025 New Jersey Judiciary Pro Bono Award Recipient

Results

View all
blurred out judge banging gavel photo

Successful Defense of High‑Profile Condo Board Election Challenge as Court Dismisses Claims With Prejudice

Dismissal Obtained in a Complex Legal Malpractice Case

After four hearings, we obtained the dismissal of a complex legal malpractice action arising out of litigation in the U.S. District Court over the failed purchase of a Kia dealership in New Jersey. The plaintiff’s claims against our client, a well-known transactional lawyer with one of the largest firms in the United States, involved hundreds of thousands of dollars in fees and losses related to the investment in the dealership. Following the hearings, and a re-hearing, we obtained the dismissal because the plaintiff’s expert failed to tie in the damages to the alleged deviations in connection with the handling of the underlying transaction. Following the hearings, the court rejected the expert’s opinion on damages and then granted our application for a dismissal of the entire case.   

Thought Leadership

View all

Legal Updates for Lawyers' Professional Liability

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

July 29, 2026

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.

Legal Updates for Lawyers' Professional Liability

New Jersey Appellate Division Affirms Exclusion of Legal Malpractice Expert as Impermissible Net Opinion

July 23, 2026

Jack Slimm and Jeremy Zacharias obtained a favorable decision on behalf of their client in a case centering on the admissibility of expert testimony in legal malpractice actions. In Martin v. Loury, the New Jersey Appellate Division affirmed the exclusion of a plaintiff's legal malpractice expert, holding that the expert's opinions on causation and damages were too speculative to support the malpractice claim. The legal malpractice action arose from an underlying employment dispute involving claims for damages stemming from the breach of an employment agreement. The plaintiff alleged that defense counsel committed malpractice during a second trial by failing to recall the plaintiff as a rebuttal witness after the employer's CEO testified. According to the plaintiff's expert, additional rebuttal testimony would have bolstered the plaintiff's damages claims and led to a more favorable result. Both the trial court and the Appellate Division rejected that theory. The courts found that the expert could not explain how the proposed rebuttal testimony would have altered the outcome of the underlying case or resulted in any additional recoverable damages. Notably, the trial judge in the underlying employment matter had already rejected the CEO's testimony as not credible and had accepted the damages analysis advanced by the plaintiff. The court had also determined that the amount of damages was not genuinely disputed. As a result, the expert's opinion that additional rebuttal testimony would have produced a better outcome was unsupported by the record and based on speculation rather than evidence. The Appellate Division agreed that neither the plaintiff nor the expert could identify any actual damages attributable to the alleged malpractice or demonstrate the required element of proximate causation. The court further upheld the trial court's application of New Jersey's net opinion doctrine, finding that the expert failed to provide the necessary "why and wherefore" supporting his conclusion that the attorney's conduct caused a compensable loss. Because the opinions rested on unquantified possibilities rather than demonstrable facts, they were inadmissible. Key Takeaway for Legal Malpractice Defendants For attorneys and firms defending legal malpractice claims, Martin v. Loury underscores the importance of closely scrutinizing an opponent's expert report on the critical elements of proximate causation and damages. The decision demonstrates that a malpractice claim cannot survive where an expert merely speculates that different litigation tactics might have produced a better result. Instead, the plaintiff must present admissible expert testimony grounded in the record that explains how the alleged attorney error probably changed the outcome of the underlying matter and resulted in measurable damages.

News

View all

Firm Highlights

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants

Thought Leadership

First DCA Reverses Excessive Jury Award Unsupported by the Evidence

In December 2019, the plaintiffs filed a claim with Universal for damages caused by a water and sewage back up through the plumbing system and existing through multiple fixtures including the washing machine drain, kitchen sink, dishwasher, bathtub and toilet. Universal investigated the claim, issued payment for resulting water damage totaling $7,000.00 in actual cash value ($12,000.00 in replacement cost value). The plaintiffs sought additional benefits for work needed to access the below-slab cast iron plumbing system due to the failure of the system from rust, deterioration, corrosion and breaks in the line. Universal denied any additional benefits for access. In 2021, the plaintiffs filed suit. During litigation, Universal sent a plumber to inspect the home and the plumber concluded the pipes were clogged but could be cleaned. The plaintiffs’ plumber testified that the plumbing system needed to be replaced due to holes and openings in the pipes. The plaintiffs introduced two estimates prepared by Triad Restoration services totaling $79,680.22 in replacement cost value and $50,219.97 in actual cash value and an executed contract with another company for repairs with the amounts of repair redacted. Since the insurance policy did not provide coverage for repair or replacement of the plumbing system, the jury only had to decide whether the plumbing system needed to be replaced, and if it did, Universal would owe for the access costs; the jury verdict form required the jury to determine both the replacement cost value and actual cash value amounts. The jury asked if it had to rely on the Triad estimates for their amounts. The trial court advised the amount awarded had to be based on the evidence presented at trial and the law given by the trial court. The jury awarded $335,000.00 in replacement cost value or $305,000.00 in actual cash value. Universal motioned for a new trial arguing the amount awarded was unsupported by the evidence and then moved for remittitur. The trial court denied both motions and this appeal followed. The court found that while a jury’s verdict should only be disturbed with caution and discretion, the trial court must give the properly challenged award close scrutiny and determine whether it bears a reasonable relation to the damaged provided, is supported by the evidence, and could have been reached in a logical manner by reasonable means §768.74(3), (5)(d)-(e), Fla. Stat. The court found the trial court did consider the statutory requirements at the hearing on Universal’s remittitur motion and was concerned about a reasonable relation to the amount of damages proved and injury suffered and whether the award was supported by the evidence, but ultimately denied the motion, reasoning that the jury had been properly instructed to fairly and adequately compensate the plaintiffs. The court noted the only evidence providing the basis for the jury verdict was Triad’s estimates and those valued the plaintiffs' claimed loss at $79,680.22 in replacement cost value and $50,219.97 in actual cash value; no valuation evidence reasonably supported the jury verdict. The plaintiffs argued that the jury was entitled to consider more than the estimates, but the court conveyed the evidence provided did not give the jury a way to reach the amounts they awarded. The court was also not swayed by the plaintiffs’ argument regarding inflation and later price increases, but the court noted that no evidence via the contract, nor testimony regarding increase in labor, material, fuel or construction costs were entered into the record.  The court concluded the jury may draw reasonable inferences from the evidence, but it may not supply a damages number by speculation. The court did not find any of the plaintiffs’ remaining argument persuasive either. The court reversed the denial of Universal’s remittitur motion and motion for new trial as to damaged and remanded the case. The court ended its opinion with advising the trial court must determine whether replacement cost value or actual cash value is the property measure of damages under the policy and order remittitur in an amount consistent with that determination and the evidence.

Thought Leadership

Appeals Court Reverses Trial Court Order Awarding Attorney’s Fees Due to Lack of Evidence to Support Fee Awarded

The Fourth District Court of Appeal reversed the trial court’s order awarding appellate fees to People’s Trust Insurance Company based upon a lack of evidence to support the attorney’s fee award in RM & Assocs. Consulting, Inc. v. People's Trust Ins. Co., 2026 Fla. App. LEXIS 4654 (Fla. 4th DCA 2026). People’s Trust was the insurer of a residential property that had sustained water damage. RM & Associates Consulting was hired by the homeowner to perform mitigation services at the property. The homeowner assigned post-loss benefits to RM and RM subsequently filed suit against People’s Trust alleging that it had not been paid the money it was owed for the mitigation services. People’s Trust defended the lawsuit on the ground that the policy required the insured to notify the insurer before authorizing repairs so People's Trust could elect to use its preferred contractor. Because the owner did not comply with that provision, People's Trust asserted its liability was limited to the amount that its preferred contractor would have charged for the work, which People's Trust contended was $2,000. People's Trust paid that amount to RM before RM filed suit. People’s Trust filed a motion for summary judgment which was granted. RM appealed the summary judgment ruling and the ruling was upheld by the Fourth District Court of Appeal. The appellate court also granted People’s Trust’s entitlement to appellate attorney’s fees, subject to the trial court’s determination of the amount of fees, based upon an offer of judgment made by People's Trust. On remand, the trial court held an evidentiary hearing to determine the amount of attorney’s fees People’s Trust was entitled to. At the hearing, People’s Trust presented testimony from it’s fee expert, supervising trial counsel and appellate counsel. People’s Trust sought recovery of $24,866.17 for work performed by appellate counsel. The request primarily consisted of work performed in preparation of the answer brief. The fee expert testified that more than ninety hours spent preparing the answer brief was reasonable given the complexity and significance of the underlying issue. The appellate court found that the fee expert’s testimony fell short of meeting the necessary standard of demonstrating that the hours expended were necessary. The appellate court found that the billing records did not serve to cure the deficient testimony, as the billing records did not contain adequate details regarding the specific tasks performed. Rather the records contained entries such as “answer brief” which the appellate court found to be insufficient. The appellate court noted that neither the fee expert or counsel addressed how the prior research and briefing in the parallel litigation informed the work in the instant matter. The appellate court noted this was significant in that a court's attorney's fees award must exclude excessive, redundant, or otherwise unnecessary hours, citing Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). Based upon the record failing to support the finding of the trial court, the 4th DCA remanded the case to the trial court for a reconsideration and redetermination of reasonable appellate attorney’s fees supported by competent substantial evidence. The 4th DCA reiterated that the fee expert’s focus on the quality of the work and the importance of the work to People’s Trust did not make up for the perceived deficiencies in the position that spending over ninety hours on a single answer brief was reasonable. Whether moving for attorney’s fees or challenging the amount of fees being sought by an opposing party, practitioners should be mindful of the evidence being used to support the claims being made. Parties should pay close attention to whether the hours being sought may be impacted by prior litigation either party may have engaged in. A party must be prepared to address how prior litigation efforts did or did not impact the amount of hours being claimed in current litigation. Lastly, billing records must be sufficiently detailed so as to support any potential future fee claim.

Thought Leadership

United State District Court for the Middle District of Florida finds Evidence of Replacement Cost Value is Admissible and Recoverable Even When Repairs Have Not Been Made

The plaintiff filed a claim for damage as a result of Hurricane Ian. It claimed damages were over $24 million, but the carrier accepted partial coverage and paid $8,307.49 for secondary components. The carrier found hurricane damage to the building, but it was below the insurance policy’s $3.6 million deductible. The plaintiff sued for breach of the insurance policy. The carrier argued in a motion for summary judgment that plaintiff could not recover replacement cost value (RCV) because the property repairs had not been effectuated. The policy provided for RCV, but only after the repairs were completed. The carrier argued that because the repairs were not completed, the plaintiff was not entitled to RCV damages. The plaintiff argued the carrier could not withhold the actual cost value (ACV) due, which was the main allegation of the lawsuit, then fault it for not making the repairs to unlock the RCV. The United States District Court for the Middle District of Florida rejected the carrier’s argument, finding that when an insurer allegedly breached the policy by withholding coverage, it could not hide behind a repair-contingent provision to block the insured from RCV damages at trial. The court found the issue to be whether the contractual language designed to preclude certain coverage until after repairs are completed barred an insured from seeking those damages at trial when repairs were not complete. The court noted the Eleventh Circuit had not resolved this issue and neither side pointed to a definitive answer from the Florida Supreme Court. The court reasoned that it must look to the Sixth District Court of Appeal (6th DCA), which is the court which would have heard this case if it was in state court. The court noted the 6th DCA recently addressed this issue in Universal Prop. & Cas. Ins. Co. v. Rodriguez, 427 So. 3d 676 (Fla. 6th DCA 2026). The Rodriguez Court found that a breach of contract action is designed to adjudicate not only whether the contract was breached, but also evaluate the damages incurred had the breach not occurred, which the Rodriguez court found to be recovery of the RCV. This court also noted basic Florida contract principles compelled the same result, as a material breach frees the nonbreaching party to suspend its own performance and can demand the full benefit of its bargain, including RCV damages. Finally, the court found the distinction between a full denial and partial denial did not compel a different result. It found the policy required the carrier to acknowledge coverage and pay ACV for all covered damages, and the failure to do that is a material breach, entitling the insured to all of the damages available under the contract, which included the RCV.

Result

Statutory Employer Immunity Upheld

In this construction accident case that resulted in a $5 million verdict, the Supreme Court of Pennsylvania upheld the Statutory Employer Doctrine, which immunizes general contractors and other contractors on construction sites when certain elements are satisfied.

graphic announcing our 6 2027 Super Lawyers & Rising Stars

News

Marshall Dennehey Announces 2027 New Jersey Super Lawyers And Rising Stars

Ellen C. Bodenmiller Joins Marshall Dennehey’s Tampa Office as Special Counsel in the Casualty Department

News

Ellen C. Bodenmiller Joins Marshall Dennehey’s Tampa Office as Special Counsel in the Casualty Department

Result

$19 Million Medical Malpractice Verdict Overturned

In this medical malpractice case, the trial court vacated $10 million of a $19 million verdict in post-trial motions and the Superior Court of Pennsylvania vacated the remaining $9 million on appeal.

Result

$1.09 Billion Products Liability Verdict Overturned

In this products liability crashworthiness case, the Superior Court of Pennsylvania reversed a Philadelphia jury verdict of $1.09 billion, the largest verdict ever overturned by a PA appellate court.  The court ordered a new trial based on deficient jury instructions, clarified important aspects of crashworthiness law, and confirmed that so-called standard jury instructions may be incompatible with Pennsylvania law. 

Result

Federal Statute Declared Constitutional

In this products liability case, the Supreme Court of Pennsylvania reversed the Superior Court and upheld the constitutionality of the Protection of Lawful Commerce in Arms Act (PLCAA), which resulted in judgment as a matter of law for the defendant manufacturer.