Professional Liability

Secured a discontinuance for a multi-national auto financing company in a Chancery Division action in New Jersey arising out of claims by a potential franchisee against a dealership, the vehicle manufacturer, the financing company and a potential third-party buyer. The plaintiff's claims sought over $30 million in damages stemming from alleged violations of the New Jersey Franchise Act, breach of contract claims, tortuous interference allegations and a companion declaratory judgment action. The case involved the exchange of over half a million documents and extensive ESI discovery concerning sensitive consumer credit evaluations, personal net worth summaries, proprietary franchise statements, environmental impact studies, internal board meeting minutes, cell phone records, emails and due diligence materials, all subject to an order of confidentiality. The discontinuance was instrumental in clearing the path for the client to secure a key financing agreement with a new franchisor in a multi-million dollar dealer purchase. The settlement with the potential franchisee did not involve any contribution by the client.

Successfully represented a law firm in having a legal malpractice case dismissed in the Philadelphia Court of Common Pleas.  The case involved an attorney of the law firm who had failed to respond to a motion for summary judgment in a slip and fall case.  After the case was dismissed, suit was brought against our client along with the individual attorney.  The plaintiff, well coached in the legal standard, testified that she clearly fell on hills and ridges and that if a response had been filed to the motion for summary judgment in Philadelphia Common Pleas Court, it would have been denied.  During the course of the investigation, it was discovered that photographs the plaintiff allegedly took the day of the incident did not match up with the weather conditions on record.  (The plaintiff had emailed the original photographs, which she claimed she took that day, to our client at the time they were representing her.) An investigation of the weather reports and metadata related to the photographs revealed that the photographs were actually taken much later in the week, after a significant snowfall had occurred. Presented with this evidence, counsel for the plaintiff voluntarily dismissed the lawsuit.

Attorneys obtained an order of dismissal with prejudice on a Motion for Judgment on the Pleadings on behalf of an accounting firm. Plaintiffs filed a Certificate of Merit indicating that "expert testimony is unnecessary" for prosecution of its claims. The attorneys' argued that plaintiffs could not present expert testimony on the standard of care or causation and, since the averments of the complaint taken as a whole implicated matters requiring expert testimony, plaintiffs' entire case must fail. The judge agreed and dismissed the entirety of plaintiffs' claims.

Attorneys successfully defended an accountant and his firm in a malpractice case. Plaintiff filed a malpractice counterclaim to a collection action commenced by the accounting firm, and 25 days later plaintiff filed a separate action for malpractice against the accounting firm and the individual accountant. Defense attorneys filed praecipes for non-pros for failure to timely file a Certificate of Merit as to both actions. Attorneys convinced the Court that both the negligence and the breach of contract claims alleged deviation from a professional standard and therefore both counts should be dismissed.

We successfully argued that a plaintiff’s claims against a local police department were precluded by law. First, we pointed out that our client was not an entity that could be sued. Second, we emphasized that the statute of limitations applied to bar the plaintiff’s claims. Finally, we contended our client was immune from liability pursuant to R.C. § 2744.01, even if it could be sued. The plaintiff attempted to argue his case for excessive use of force, malicious prosecution and emotional distress for being arrested after he was fired from his place of employment. The judge ultimately granted our motion and dismissed the plaintiff’s claims.