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Results

  • 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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  • Summary Judgment Obtained for a Homeowners’ Association

    We secured summary judgment for a homeowners’ association. The plaintiff owned an apartment in a planned community and sought to drill a hole through the exterior wall of the building to vent an HVAC unit. The HOA denied his request, and the plaintiff asserted claims of negligence and breach of the duty of good faith and fair dealings, alleging that the HOA treated him unfairly by denying his request. Despite providing numerous photos of other holes through the exterior wall of the building, the plaintiff admitted during his deposition that they did not know whether the HOA had ever permitted another unit owner to drill a hole in the exterior wall. We successfully argued that the plaintiff could not put forth any evidence demonstrating unfair treatment, or that the request had been denied in bad faith. 

  • Summary Judgment Secured in Favor of a New Jersey Homeowners Association

    We won summary judgment for a homeowners association. Our client filed a lawsuit to enforce the Covenant of Restrictions banning barnyard animals and claiming that the homeowners failed to obtain necessary approvals to build a coup and run for six chickens. The homeowners claimed the six chickens were emotional support animals, pursuant to the Fair Housing Act (FHA) and New Jersey Law Against Discrimination (NJLAD). The court held that the chickens are not emotional support animals, pursuant to both FHA and NJLAD, and granted summary judgment. This is an area of first impression for the New Jersey courts as to whether non-domesticated animals can be considered emotional support animals.

  • Motion to Enforce Oral Settlement Agreement Affirmed by First District Court of Appeals

    We won a decision from the First District Court of Appeals affirming the trial court’s decision to grant our client’s motion to enforce an oral settlement agreement. We defended a condominium owners association against a lawsuit filed by several unit owners. The parties went to mediation, during which their attorneys agreed on the settlement terms. However, several of the plaintiff unit owners refused to sign the written settlement agreement. We argued at the trial court that the oral agreement should be enforced because memorializing the agreement in writing was not a material term of the parties’ agreement, and that the parties did not intend for the settlement agreement to only be enforceable upon the execution of the writing. Further, all the material terms of the agreement had been agreed on. The First District Court agreed and upheld the decision in favor of the condominium owners’ association.

  • Directed Verdict in Favor of Our Client in a High-Exposure and High-Risk Defamation Lawsuit

    We secured a directed verdict in favor of our client in a high-exposure and high-risk defamation lawsuit. We were called to try the case on behalf of the CEO of a local chapter of a well-known national non-profit after the plaintiff was permitted to amend the complaint to seek punitive damages from the CEO personally. When we received the case, the trial was set to begin in four weeks. We secured a brief continuance and built a client-specific defense focused on the CEO while working with a team of other firms representing other defendants, including the non-profit organization which had formerly represented all of the defendants jointly.  Background: The plaintiff was a volunteer at a camp. A decision was made to separate him from the camp and the organization. The plaintiff alleged that the CEO personally defamed him by alerting other volunteers and committees of the decision. He demanded an eight-figure sum prior to trial.  After a six-day trial and several hours of argument at the close of the plaintiff’s case, the court granted our motion for directed verdict, ruling that the evidence presented confirmed that the communications by the CEO were covered by a qualified privilege and that, based on cross examination of the plaintiff and his witnesses, the defense established that there was no malicious conduct by the CEO.  The case had been pending since 2020, and in fewer than 100 days, we became familiar with the factual and legal details to bring home a win for the client.   

  • Summary Judgment Secured for a Condominium Association

    We obtained summary judgment, dismissal and an award of attorneys’ fees for a condominium association. Judgment was entered in favor of our client against the plaintiff in an earlier action that sought unpaid assessments. In order to sell its property, the plaintiff sent the association a check in the amount of recorded liens. The association returned the check, demanding the full payoff amount, and claimed a statutory lien for all amounts owed. The plaintiff paid the full amount and then filed its complaint, seeking a declaration from the court that the association should have satisfied a lien for the recorded amount even though additional amounts were owed under a statutory lien. The court found that the statutory liens which applied to the property created both in rem and in personam liability and, therefore, the association had no legal obligation to mark the lien as satisfied until it was fully paid. The court awarded our client’s attorneys’ fees for the plaintiff’s failure to appeal the lower court’s decision awarding the initial judgment and attorneys’ fees and, instead, bringing an additional action, which resulted in further delay and expenditure of additional sums by the association.

  • Dismissal With Prejudice Secured in Complex Florida Litigation Matter

    We obtained a dismissal with prejudice in an action based on an alleged violation of contract, constitutional challenge of a Florida statute, and enforcement of a third-party settlement agreement. We represented an international nonprofit private membership organization in an action by a former member for violation of his membership in said organization. The plaintiff attempted to use a settlement agreement from a prior case to show that he was in compliance with the organization’s membership requirements. He also argued that the requirement to be a member of an underlying organization was unconstitutional because of an antiquated Florida law. We argued that a settlement agreement could not be enforced against a third party with no connection to a settlement agreement, in addition to pointing out the plaintiff’s failure to follow procedural requirements. Agreeing with our arguments, the judge ruled from the bench after oral arguments, dismissing the case with prejudice for failure to state a breach of contract and failure to state a cause of action under the Declaratory Judgment Act.

  • Defense Verdict for Homeowners' Association

    We obtained a defense verdict in a Bucks County bench trial. The plaintiff claimed that the defendant homeowners’ association was obligated to replace an old stone bridge that provided the only access to the plaintiff’s residence and open public space. As part of the initial community development approval, the township directed the builder to carve out open space and repair the stone bridge so that emergency vehicles could access the open space. Continued maintenance/replacement of the bridge would thereafter pass to the the homeowner’s association. The builder never made the repairs to the bridge despite multiple requests by the township. The homeowner’s association successfully argued that its obligation to replace the bridge did not arise as the builder had not fulfilled the condition precedent of repairing the bridge and bringing it up to a current safe standard.

  • Successful Defense of Condominium Association Board and Property Manager

    The lawsuit was brought by 54 condominium unit owners of a 608-unit, age-restricted planned development against the homeowner’s association board, the property manager and the sponsor/developer, for the early transfer of control of the condominium association. Dismissal of the board and the property manager was granted in what was properly a unit owner-sponsor/developer dispute over control of the association. The unit owners alleged that the sponsor/developer was no longer offering new units for sale; rather, they were only renting units, thereby triggering the turn-over provisions in the by-laws. No claims against either the board or the property manager were properly pled in the complaint. Accordingly, the complaint was dismissed as to both.

Firm Highlights

Thought Leadership

Ohio Supreme Court Holds That a Binding Appraisal Award May Not Be Set Aside Absent Specific Evidence of Manifest Mistake or Fraud

On July 23, 2026, the Ohio Supreme Court issued a rare opinion on the binding effect of an appraisal award in a property insurance policy.  The Court in One Church held: A binding appraisal award will not be set aside unless an error is so palpably wrong that it undermines the intent of the agreement, such as corruption or gross mistake, not a mere error of judgment—To plead a claim of mistake with particularity as required by Civ.R. 9(B), facts alleged in a complaint must constitute the elements of mistake—Allegation that additional, hidden damage was discovered after appraisal award failed to state a claim of mistake that could justify setting aside binding appraisal.  The case arose out of a claim brought by One Church against its insurer, Brotherhood Mutual Insurance Company for roof damage from a storm. Pursuant to the terms of the insurance policy, the parties agreed to submit the matter to appraisal. The two appraisers inspected the building, and both appraisers agreed that the damages were $313,271.98. The insurer paid the agreed appraised amount.  Thereafter, the insured submitted a claim for an additional $206,663.09 in damages. The insured argued that these additional damages were not discovered until after the repairs began, and that they should be permitted to submit an additional claim, even though there had already been a binding appraisal of damages. The insurer refused to pay the additional damages, and the insured sued for breach of contract and bad faith.  In the trial court, the insurer moved to dismiss for failure to state a claim, arguing that the binding appraisal award barred any further claims. The insured took the position that additional hidden damages could not be discovered until after the repairs began, and therefore there was a mutual mistake. The trial court dismissed the case on the insurer’s motion, because there was no “evidence of fraud, misfeasance, or mistake”. The Court of Appeals agreed that appraisal awards are generally binding, but noted that an appraisal award can be set aside for fraud or manifest mistake. The Court of Appeals reversed and remanded the case to the trial court, finding that the insured had pled mistake with sufficient particularity. The insurer appealed to the Ohio Supreme Court. On appeal, the Ohio Supreme Court reversed the Court of Appeals, and reinstated the trial court decision dismissing the case for failure to state a claim upon which relief can be granted. The Supreme Court found that since the insured had already demanded appraisal, and the appraisal award was binding, “something more than error of judgement, such as corruption in the arbitrator, or gross mistake” must be pled with particularity, and proven for the insured to override the appraisal award. Since the complaint did not allege fraud or manifest mistake with sufficient particularity, something more than a mere error of judgment, the complaint was insufficient to state a claim.  The complaint in this case did not challenge the appraisal award. It pled that additional damages were discovered that were not apparent when the appraisal was done. It did not specify “who discovered the damages, how they were discovered, where they were found, why they were previously hidden, or why they rise to the level of a manifest mistake that the “appraiser would have corrected...had it been called to his attention”. Id at ¶22 citing Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970). Cases deciding the effect of appraisal awards are unusual. The Ohio Supreme Court’s decision in One Church relies primarily on 19th century case law for its conclusion. This emphasizes the fact that there is minimal case law deciding the effect of binding appraisal clauses in property insurance policies, and makes this case all the more significant. A lengthy dissent was written by Justice Fisher, who would have affirmed the Court of Appeals decision reversing and remanding the case for a decision on the merits. Of course, the decision works both ways, and an insurer dissatisfied with a binding appraisal award will likewise be without further recourse absent evidence of corruption, fraud, misfeasance, or manifest mistake, which must be pled with particularity. To constitute manifest mistake, “the mistake must be of such character that the arbitrator or appraiser would have corrected it had it been called to his attention.”  Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970).  The majority opinion does not specifically identify what would have been sufficient to plead mistake with particularity, or if the insured could have amended the complaint to overcome the deficiencies. The dissent argues that this was not really a case alleging mistake, but rather a question of contract interpretation. The insured did not challenge the appraisal, but argued that the hidden damage was not part of the appraisal, and the appraisal only covered the known damages.  However, this argument did not carry the day with the majority. 

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

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

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.