Results

We successfully defended an appeal in a complex series of legal malpractice actions arising out of an $11 million investment in an illegal venture in Brazil. In the initial trial, the plaintiff’s economic loss expert had offered a net opinion in connection with what plaintiff would have earned from the illegal venture in Brazil. We established the plaintiff’s knowledge of that illegality, which had been demonstrated in the previous legal malpractice action. Accordingly, the plaintiff’s expert report was barred in the first legal malpractice action, the doctrine of collateral estoppel applied, and the Appellate Division affirmed the trial court’s order, which barred the expert report in the second legal malpractice action. In addition, the court found that profits derived from the illegal venture are worthless and cannot form the basis for a claim.

We successfully defended a chiropractor with a directed verdict on informed consent and a no cause, 7-0, on standard of care. The plaintiff claimed the defendant was negligent in failing to obtain an MRI before adjusting the lumbar spine with a differential diagnosis, which included a herniated or bulging disc.

We won a complex legal malpractice trial in Burlington County, New Jersey. The case arose out of underlying breach of employment cases where the plaintiff claimed his employer shorted him on amounts due for his salary and an electrical property. Based on the net opinions of the plaintiff’s expert, the court dismissed the legal malpractice claims during trial, and the jury awarded our client fees and costs, with interest.

We secured a positive outcome for our client in a construction site-related personal injury case in New Jersey. After a month of trial, we successfully placed the entirety of the plaintiff’s $4.2 million jury verdict against the remaining co-defendant. We also succeeded in placing all of our client’s costs and attorney’s fees on the co-defendant. In total, the judgment against the co-defendant was in excess of $7 million.

We obtained a defense jury verdict in a legal malpractice action arising from two wrongful termination trials. This matter included the two trials, an appeal, in addition to involving aspects of intellectual property law. There we numerous evidence issues as a result of the two underlying trials. However, we were successful on pretrial hearing in limiting plaintiff’s proofs and in barring significant damages claims asserted by the plaintiff’s expert. The jury rejected these claims and awarded all of our client’s fees, with interest and costs.

We secured a directed verdict in a subacute rehab case in New Jersey. The plaintiffs claimed their father, who suffered from dysphagia, was negligently left unattended to choke and die in his room by the nursing staff while eating breakfast. At the close of plaintiff’s case, three motions for directed verdict were made. The court eventually agreed that the plaintiffs had not met their burden on causation with the expert testimony.

We obtained summary judgment in an employment litigation case involving claims of racial and sex-based discrimination. The plaintiff alleged that she experienced a hostile work environment based solely on her race. We were able to prove that there was no evidence to substantiate these claims.

We secured a unanimous defense verdict in a premises liability case where an intoxicated social guest fell down stairs at the defendant’s home. As the plaintiff supplied her own alcohol and was dutifully cared for by the defendants after her intoxication, the jury found for our client.

We successfully obtained orders for dismissal with prejudice on two Medical Provider Applications. Two separate New Jersey medical providers alleged they were entitled to additional money for medical treatment provided in New Jersey to a New Jersey resident. Each provider claimed that, because the injured worker who received the treatment was a current resident of New Jersey and treatment was rendered in New Jersey, there was sufficient contact for the court to exercise jurisdiction for a Medical Provider Application and bills should be paid at a usual and customary rate, as opposed to New York’s fee schedule. The worker’s compensation claim that resulted in the Medical Provider Applications was a New York claim, with no New Jersey contacts for the parties at the time of the injury. The injured worker only later moved to New Jersey and received medical treatment with New Jersey providers, who were then paid per the New York fee schedule. The providers’ billed amounts were $221,591.55, $6,157.50, and $6.157.50 for three dates of service. The employer made payments in the amount of $55,488, $1,401.83, and $740.42, respectively, per the New York fee schedule. Adam successfully argued to the court that, because it would not have been able to exercise jurisdiction over the underlying worker’s compensation claim, it would not be able to exercise jurisdiction over the two resulting Medical Provider Applications. Therefore, the providers could not seek additional money in New Jersey based on its usual and customary standard, as opposed to New York’s fee schedule. This saved the employer up to $176,276.30 in potential medical payments. Both Medical Provider Applications were dismissed with prejudice.

We secured summary judgment in a four-year-old federal copyright matter filed against a national publication for elementary school principals. The plaintiff alleged that her work was improperly published because it was plagiarized. Through discovery, we were able to prove that this article was authored outside of the three-year statute of limitations.

We obtained a defense verdict following a 10-day jury trial on behalf of a national home improvement company and garden center, where the plaintiff’s demand was over seven figures. The plaintiff, a 79-year-old female, was using a rollator (walker) to assist her walking when she fell at a garden center. Plaintiff claimed that the front wheel of her rollator struck and got caught on the raised baseplate bolts of a column, causing her to fall.  The plaintiff was taken out on a stretcher with a fractured leg that required ORIF surgery and a recommendation for future hip replacement.     The defense established—via an in-store surveillance video, forensic engineering expert and cross-examination—that it was very unlikely that the plaintiff's rollator ever came into contact with the baseplate.  Furthermore, even if  the plaintiff did contact the baseplate, it was due to her being inattentive and not as a result of any alleged negligence by the garden center. The jury returned a defense verdict after only 35 minutes of deliberation.

We obtained a summary judgment on behalf of our client in a trip and fall matter where the plaintiff tripped and fell on a raised sidewalk in front of the defendant’s private residence. The plaintiff suffered significant injuries, including a displaced fracture of the shoulder and humeral head fracture, requiring a complete shoulder reverse arthroplasty. The plaintiff’s demand was $750,000. The defendants asserted that it is undisputed they did NOT perform any work, maintenance or construction to the sidewalk prior to the plaintiff's alleged fall in May 2020, thereby, creating or exacerbating a condition on the sidewalk which would have contributed to or caused the plaintiff's fall. The general rule is that a residential property owner owes no duty to keep a sidewalk abutting his property in repair. Norris v. Borough of Leonia, 160 N.J. 427, 431 (1999). While the court has created an exception to the rule of non-liability in the case of an abutting commercial property owner, as in Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981), it has consistently declined to extend that liability rule to abutting residential and nonprofit owners. Additionally, New Jersey Courts have recognized that "[r]esidential homeowners can safely rely on the fact that they will not be liable unless they create or exacerbate a dangerous sidewalk condition…." Luchejko v. City of Hoboken, 207 N.J. 191, 210 (2011). The judge found that there were no genuine issues of material fact to support a theory of liability on behalf of the defendants and granted our motion for summary judgment.

We were successful in obtaining a dismissal of our client, a state interscholastic athletic association, by way of a motion to dismiss for failure to state a claim. The plaintiff was a high school wrestler who was not permitted to wrestle due to an alleged violation of the rules concerning hair style and covering requirements. The wrestler had his hair cut by the athletic trainer in order to wrestle. This incident was recorded by a local reporter and went viral. As a result of the incident, most states, including New Jersey, amended their discriminatory laws to specifically identify hair style as a protected category. The plaintiff claimed that his constitutional rights were violated and that he was discriminated against based on his hair style. We were successful in arguing that the plaintiff did not set forth causes of action for negligence, constitutional violations and a violation of the New Jersey Law Against Discrimination. 

We obtained a dismissal of an ethics grievance against a matrimonial attorney in northern New Jersey. The ethics grievance alleged that money in the grievant’s trust account was improperly handled since the ledger cards were completed incorrectly. Upon interviewing our client, the ethics investigator determined that no ethical violation was present since the money at issue was fully accounted for in the Trust account, despite the allegations by the grievant.

We obtained a published decision in the New Jersey Appellate Division reversing the denial of a motion to dismiss because of a lack of duty. The plaintiff’s ex-husband drove through the gate at a large, high-rise apartment complex, waited for plaintiff to arrive, and then shot her in the face. Our client was the former management company which ceased its management obligations 17 days before the shooting, when a successor management company took over. The plaintiff argued that our client was negligent based on procedures for securing the lot it put in place when it managed the property. We sought summary judgment, arguing a lack of duty due to the expiration of a management contract. The Law Division judge denied that motion, asserting there were genuine issues of fact and that the jury had to decide whether a duty existed. We persuaded the Appellate Division to grant interlocutory appeal, and then we successfully argued for a reversal. First, the Appellate Division agreed with us that the trial judge erred by holding that the existence of a duty was a jury question and not a question for the court to decide as a matter of law. Second, the Appellate Division held that, since our client no longer had any rights or responsibilities over the security of the premises when the shooting happened, and because there was no indication that the successor management company or the owner of the property could not have changed the procedures which our client had put in place, the former management company owed no duty to the plaintiff and that summary judgment was therefore appropriate.

In this case the plaintiff, after receiving legal invoices from our client, filed a legal malpractice complaint alleging fraudulent billing. At trial, the legal malpractice claims against our client were dismissed, leaving the fee claim we asserted in the counterclaim to be decided by the jury. The jury rendered a verdict in our favor within 15 minutes for the full amount of the invoices owed to the firm, $244,759.59. This victory is significant since, pursuant to the contract the plaintiff entered into with our client, the judgment on the counterclaim will total approximately $500,000.00 in interest and attorneys’ fees.

We prevailed on a motion for summary judgment with respect to the applicability of a UIM “step down” clause. Following an accident with an underinsured tortfeasor, the underlying plaintiff sought UIM recovery under three policies, including one issued by our client with limits of $500,000. The defense successfully argued that our client’s UIM limits of $500,000 “stepped down” to the $100,000 UIM limits of the plaintiff’s own policy, pursuant to our client’s policy language. The Superior Court of New Jersey, Morris County, granted our motion. 

Claims were brought against the state police organization and eight individual defendants (current and retired members of the state police). The plaintiff, a female State Trooper, alleged she was retaliated against for raising complaints about how male members of the State Police were treating other female employees and that her supervisors failed to take appropriate actions once her initial complaints were raised. She alleged she was denied promotion and transferred against her wishes in retaliation for making these complaints. The ruling was especially satisfying as the court had ruled on a prior summary judgment motion that a fact issue existed, and we had to convince the new motion judge not to follow the “Law of the Case” Doctrine and to decide the case based on the record presented in this motion. 

We obtained summary judgment on behalf of our client, an amateur baseball league located in Monmouth County, New Jersey. In this matter, the plaintiff, an umpire assigner, filed a lawsuit alleging improper breach of contract, tortious interference and conspiracy to cut this assigner out of his company. The plaintiff also maintained a cause of action for emotional distress and punitive damages. On summary judgment, the defense argued that due to discovery deficiencies, as well inadequacies with the substantive claims alleged, the plaintiff could not state any material facts to surpass summary judgment. The court agreed, holding that the plaintiff failed to properly oppose the summary judgment motion and had not stated any facts in discovery that would support the claims of breach of contract or tortious interference, among others. The damages exposure of this case, prior to the dismissal, was approximately $10 million, especially considering the punitive damage potential in this matter.

The parties were litigating a motion for medical treatment in which a physician was recommending an additional spinal surgery. The physician moved forward without authorization and performed spinal surgery on the petitioner. In order to complete the surgery, the physician brought in several ancillary services, including a vendor to perform diagnostic monitoring during the surgery. Following the surgery, the medical provider submitted its bills to the carrier, which were rejected based upon the lack of authorization. After a medical provider claim petition was filed, the respondent filed a motion to dismiss the matter for failure to obtain the requisite statutory authorization. The medical provider argued that it was only providing ancillary services and, therefore, did not require the authorization of the carrier under the New Jersey Workers’ Compensation Statute. The medical provider also argued that they were the “victim” since they were advised by the physician that the procedure was authorized. The judge rejected both arguments, holding that all medical providers including providers that provide ancillary services for surgical procedures, are required to obtain the same authorization for their treatment, or risk not receiving financial reimbursement.

The lawsuit involved claims of child abuse committed by a pastor that occurred during church-based camp activities. We obtained a dismissal of all counts for abuse filed by all plaintiffs against our client, one of the church defendants. Our client did not employ the pastor when the abuse occurred and had no knowledge of the claims asserted.

The petitioner filed a claim petition within the New Jersey Division of Workers’ Compensation seeking benefits and alleging employment with a trucking company. However, the petitioner had previously obtained an occupational accident policy in the role of an independent contractor. When filing the workers’ compensation petition, counsel for the petitioner erroneously named the occupational accident policy carrier as carrier for the trucking company. Although it would appear clear that jurisdiction and coverage do not exist in such cases, most times it is a lengthy process to have such matters addressed by the court and ultimately dismissed. In this case, we were successful in obtaining the dismissal and ceasing further unnecessary financial costs to the client.

We obtained a defense verdict in a two-week jury trial in Middlesex County, New Jersey, in a case against a tavern alleged to have violated the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act (aka The Dram Shop Act). The plaintiff claimed the bar violated the Act by serving a patron—a settled co-defendant—alcohol while he was visibly intoxicated, resulting in that patron driving drunk and colliding with the plaintiff’s vehicle. The plaintiff suffered significant injuries to her neck, requiring two cervical fusion surgeries. Police were unable to obtain objective proof of the patron’s blood alcohol concentration (BAC) via a blood sample or breathalyzer. The tavern had no record of the patron, who paid cash for his beverages, and first learned of the accident upon being served with a complaint more than nine months later.  At trial, the plaintiff relied on the patron’s deposition testimony as to the timing of three different drinks he consumed at the bar, as well as a toxicology expert, to prove liability. The expert, in providing an opinion as to what the patron’s BAC would have been “while at or when leaving the bar,” used a dose reconstruction methodology based upon the patron’s testimony. However, on cross-examination, we were able to establish that the expert’s calculations of the amount of pure alcohol ingested by the patron were erroneous and unreliable and that the expert never provided an opinion as to whether the patron was visibly intoxicated at the time of service—the key issue in any Dram Shop case.  We also presented a credible toxicology expert on behalf of the defendant, who provided the jury a visual timeline of events to demonstrate that at the time the patron was last served alcohol (more than an hour before the accident), his BAC would have been well below the .15 threshold whereby most people would show visible signs of intoxication. We further argued that, despite any sympathy the jury may feel for the plaintiff, she failed to meet her burden of proving that the patron was exhibiting “clear signs of intoxication” at the time of service, as required by the statute. The jury agreed.  

We obtained summary judgment in a legal malpractice matter where the underlying case concerned a matrimonial representation in a highly contested divorce. In the underlying matter, our clients represented the wife in a contentious divorce from her attorney husband.  At all times, our clients advised the wife regarding litigation strategy and the disputes concerning discovery and failure to provide documents, which delayed the matrimonial case even further. At all times, our clients aggressively represented the wife and retained competent experts to evaluate the husband’s law practice for purposes of equitable distribution. When the wife terminated the representation by our clients, they advised the wife of the risks of settling the case with her husband (an attorney) without counsel present (the advice was not heeded by the wife in the settlement of the claims). We were successful in arguing that our  clients did not deviate from the standard of care and represented the wife adequately up until the point of termination of the representation. This was potentially a multi-million-dollar case based on the size of the marital estate, and the judge granted summary judgment on behalf of the attorney defendants.

We obtained a dismissal of an ethics grievance filed against our client, a school law attorney who represented a school board and a school district. The grievance included allegations of ex parte communications with the administrative law judge, undue influence over the court, and conflict of interest based on a mediator’s spouse being retained by this attorney’s firm. We successfully argued to the disciplinary investigator that the conversations this attorney had with the administrative law judge’s staff were rudimentary scheduling and routinely conducted in cases across New Jersey. In terms of the conflict of interest alleged, we also argued that this attorney was an associate with the firm and had no interactions or decision-making authority regarding hiring of attorneys in the firm. The disciplinary ethics investigator found by clear and convincing evidence that the testimony of the school law attorney was credible, and that there was no ethical misconduct by our client. 

We defeated a plaintiff’s petition for certification to the New Jersey Supreme Court in a tortious interference and defamation action against an attorney for a lender bank. The New Jersey Appellate Division had affirmed a trial court decision granting summary judgment in a $10 million tortious interference and defamation case filed by borrowers against the attorneys for a lender bank. This case arose out of an underlying deficiency and foreclosure action filed by a bank due to the plaintiff’s failure to repay a multi-million dollar loan used to finance the purchase of real estate. During the course of negotiations to resolve the debt, the bank’s counsel had discussions with the plaintiff’s new lender. The plaintiffs alleged that during these discussions, the defendant attorney called the plaintiff a “wannabe gangster.” On appeal, Jack and Jeremy successfully argued that the trial court was correct in dismissing this case on summary judgment. The Appellate Division held that the trial judge correctly concluded that a statement made by the bank’s attorney to a potential new lender calling the plaintiff a “wannabe gangster” was mere name calling, not actionable defamation. The claims for tortious interference were based upon the lost opportunity, since the new lender rescinded its conditional commitment after the alleged statement was made. The Appellate Division held that the trial court was correct in holding that the statements were protected under the litigation privilege, that the litigation privilege is not confined to the courtroom, but extends to all statements or communications in connection with judicial proceedings. Subsequently, the plaintiff filed a petition for certification before the New Jersey Supreme Court, which we successfully opposed. The Supreme Court, in its decision, denied the plaintiff’s petition, with costs in favor of our client. 

Our attorneys were successful in obtaining an order for dismissal in the Mount Holly, New Jersey Workers’ Compensation court. In his claim petition, the petitioner alleged permanent disability as a result of contracting COVID-19 while working for the insured. He alleged that while working as an auto hauler he was exposed to COVID-19, which resulted in a permanent pulmonary disability. The defense argued to the judge that the petitioner’s discovery failed to provide sufficient proof and evidence supporting that the petitioner had COVID-19 or that, if he did, it was “related to his job.”

Our attorneys obtained dismissal of an ethics grievance filed against their client, the litigation counsel for a condominium association. In this case, the attorney was able to obtain a multi-million dollar settlement on behalf of the condominium association resulting from various construction defects caused by the developer, among others. After the settlement was reached, the developer’s vice president was able to assume control of the condominium association’s board and brought ethics charges against the attorney, alleging collusion with the board president and a property manager, who acted in concert to abscond with the settlement proceeds. The ethics grievance alleged the attorney should have notified the association board of the conspiracy and should have warned the association of the theft taking place. Upon responding to the ethics grievance filed against the attorney, the defense argued that the attorney had no involvement with the president of the association or the project manager and did not have any knowledge of the conspiracy. The attorney focused on the litigation and did not involve himself in anything related to the association’s business, other than the litigation, and focused on obtaining the best settlement possible for the association against the developer. After investigating this matter, reviewing the attorney’s response, as well as interviewing the attorney, the Office of Attorney Ethics dismissed all allegations against the attorney, finding that the allegations could not be proven by clear and convincing evidence. 

We obtained the dismissal of an ethics grievance on behalf of a local special education law attorney. The grievant filed her ethics grievance based upon allegations of fraudulent and unethical practices, accusing the attorney of taking legal fees from a settlement, and alleging that the attorney was prohibited from doing so based on the terms of the settlement agreement. Specifically, the grievant alleged that the attorney failed to safeguard funds from an irrevocable trust for a special needs child, her son. In fully investigating this grievance, the District Ethics Investigator concluded that based on the evidence received, the interviews conducted and the submissions prepared on behalf of the attorney, the investigation did not reveal clear and convincing evidence that the attorney engaged in unethical conduct.

We obtained the dismissal of a former employee accused of trademark infringement. A spray foam insulation company brought a claim for trademark infringement against a former employee. The plaintiff claimed that it had used the mark in connection with its business for over eight years, thereby establishing secondary meaning of the mark in connection with spray foam insulation in the New Jersey market. The plaintiff further alleged the defendants used the mark in marketing and promoting their competing spray foam insulation business in New Jersey. There was no valid claim against our client as there were no facts pled to support the threshold issue, that the plaintiff held a protectable mark. The complaint pled only conclusory allegations that the mark had secondary meaning, and there were no allegations that our client had any interest in the allegedly offending mark.