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

In a case successfully tried by John Slimm, attorney in Marshall Dennehey’s Mount Laurel, NJ office, a New Jersey court upheld the 2024 board election of a major Atlantic City condominium association, rejecting claims that the process was fraudulent or fundamentally unfair. Although the court acknowledged that the community had become sharply divided and that the election season was marked by tension and mistrust, it found that the association’s procedures complied with its governing documents and state requirements. The ballot‑handling methods challenged by the plaintiffs—including coded envelopes and signatureless absentee ballots—had been formally adopted, disclosed to residents, and overseen by a neutral third‑party inspector.

Throughout the litigation, the plaintiffs pointed to a series of alleged irregularities, from ballot‑collection events to delays in providing voter lists to candidates. Slimm emphasized that while these issues may have caused frustration, they did not amount to intentional misconduct or anything that could have changed the outcome. The court agreed, noting that Honest Ballot, the independent inspector, verified voter eligibility, processed challenges, and certified the results. Plaintiffs, by contrast, offered no credible evidence of ballot stuffing, fraudulent voting, or systemic disenfranchisement.

The court also rejected arguments that the absence of signature verification invalidated the election, finding that neither the Master Deed nor New Jersey regulations require signatures as part of the voting process. What the rules do require—proof of eligibility and a verifiable counting method—was satisfied through the use of coded envelopes, government‑issued identification, and inspector review. Likewise, while “ballot harvesting” events did occur, Slimm successfully argued that the election rules did not prohibit bulk ballot submission, and the court found no evidence that these events altered the results.

Ultimately, the court concluded that the plaintiffs had not met their burden to show fraud, illegality, or any systemic deprivation of voting rights. It declined to order a new election or impose new election procedures, instead encouraging the community to consider adopting more transparent practices voluntarily in the future. Thanks to the arguments advanced by Jack, the action was dismissed with prejudice, the 2024 election results were confirmed, and the current board remains firmly in place.

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

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.