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  • Voluntary Dismissal of Client in Asbestos Mesothelioma Case

    Our attorneys secured a voluntary dismissal on behalf of an aircraft parts supplier in an asbestos mesothelioma case. The plaintiff alleged he was diagnosed with mesothelioma as a result of exposure to numerous asbestos products while doing home renovation work with his father in the 1940s; while in the U.S. Air Force working as an aircraft mechanic between 1953 to 1957; as a self-employed painter between 1958 and 1960; and as a civilian aircraft maintenance crew chief at the Willow Grove Air Force Base between 1959 to 1968. The plaintiff contended our client was the exclusive supplier of asbestos-containing fire sleeves for military aircraft hose assemblies that he worked with almost on a daily basis while at Willow Grove. Based upon the plaintiff’s description of the product during his trial video and discovery depositions, our client took the position that the product could not have been supplied by them. All other defendants either settled or were dismissed, and our client took a no-pay position. As the case neared trial, plaintiff’s counsel presented evidence as to why the product identified by the plaintiff was accurate and, therefore, why the case should be settled. Through a combination of the plaintiff’s testimony, our witness’s prior testimony, select portions of catalog pages and drawings from the aircraft the plaintiff worked on, and catalog pages from our client’s catalogs, plaintiff’s counsel was persuaded to voluntarily dismiss our client shortly before trial was to begin. 

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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.