News, Events & Seminars
Presented by: Paul N. Ambrose Jr., Nichole Cipriani, James J. Curry Jr., Michael K. Feinberg, Douglas A. Fendrick, Daniel J. Jurkovic, Brian D. Reynolds, Lori A. Sferrino
Newark, New Jersey - December 13, 2011
Princeton, New Jersey - December 16, 2011
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Partner Robert Ritter recently concluded a litigation in the United States District Court on behalf of a shopping center owner that had suffered flood damage in 2010. The defendant insurance company had issued two FEMA flood policies with total coverage of $ 1 million. The insurance company claimed that it was relieved of its coverage obligations because some of the tenants had their own insurance and because some of the leases at the shopping center provided that the tenants were responsible for repairs in the event of a flood. The case was settled at the conclusion of discovery for $950,000.
Partner Robert Ritter recently lectured at the New Jersey Association for Justice Meadowlands Conference on Unraveling Medical Malpractice Insurance Policies.
Partner Robert Ritter recently completed litigation on behalf of a commercial landlord in a dispute with a guarantor of a lease. The guarantor, a publicly traded entity, claimed that a prior settlement with the tenant constituted a release of the guarantor. Cross-motions for summary judgment were filed with the Court. The Court granted Mr. Ritter’s summary judgment motion on liability, concluding that the express terms of the guarantee reserved claims against the guarantor notwithstanding the release of the tenant. The case settled shortly before the damages trial. The total settlement was $875,000.
Partner Robert Ritter has been listed in Best Lawyers in America for Commercial Litigation since 2007. Mr. Ritter is now also listed for Banking & Finance Litigation; Construction Litigation; Real Estate Litigation; and Trusts & Estates Litigation. Selection to Best Lawyers in America is based on peer review.
Partner Evan Goldman was recently appointed as a Trustee of the New Jersey Association for Justice Educational Foundation.
A firm client had instituted foreclosure proceedings on commercial property. Although a rent receiver had been appointed by the court, the property owner remained at the property and attempted to make private deals with the tenants. Partners Robert Ritter and Daniel Eichhorn filed an order to show cause with the Essex County Chancery Court, seeking to bar the prior owner from the property and requiring him to account for all funds he had collected. The firm obtained certifications from the rent receiver, a real estate broker and a tenant at the property. After the papers were filed, the prior owner agreed to a settlement which included his execution of a deed in lieu of foreclosure in favor of the firms client. This settlement eliminated the litigation and gave the firms client immediate ownership and control of the property.
Partners Barry Kaufman, Robert Ritter and Evan Goldman have recently been named Top Attorneys by 201 Magazine.
Partner Evan Goldman has recently been appointed by the Supreme Court of New Jersey as a member of the Supreme Court Advisory Committee on Arbitration.
Partners Robert Ritter and Evan Goldman will be speaking at the upcoming Meadowlands Seminar sponsored by the New Jersey Association for Justice.
Partners Robert Ritter and Daniel Eichhorn were successful in defending M&T Bank which was named as a defendant in a case involving fraudulent alterations to a series of checks that were deposited at the bank. The owner of the checking account was not a depositor at M&T. His home health care worker was. The checks were deposited at M&T, credited to the workers account, and then transferred to the victims bank which debited his account. Under the Uniform Commercial Code, a depository bank, such as M&T, does not have a duty of care to a non-customer. Messrs. Ritter and Eichhorn filed a motion to dismiss the complaint. Judge John Langan of the Superior Court, Bergen County, granted the firms motion and dismissed the complaint against M&T.
Partners Robert Ritter and Daniel Eichhorn represented a distributor of industrial products in a Chancery Division case in Bergen County. Prior to the firm’s involvement, the court had entered a temporary restraining order and an attachment of all of the client’s assets. Messrs. Ritter and Eichhorn filed certifications and briefs with the court which demonstrated that these pre-judgment remedies were not warranted. Within days, the restraints and the attachments were vacated and the client was permitted to conduct business as usual.
Partner Evan Goldman recently settled a case for $1.5 million dollars for a woman who lost an eye and sustained facial scarring in a motor vehicle accident.
Partner Dan Eichhorn was recently appointed to be a Commissioner on the Environmental Commission of the Borough of Montvale.
Partner Evan Goldman settled a case for a worker who had sustained 3rd degree burns to over 75% of his body in late 2009. The suit against the employer was filed under a rare exception to the Worker's Compensation Bar and was settled for $1,485,000.
Partner Marianne Quinn has completed training and is now a parent coordinator available to assist parents in resolving disputes covering day-to-day issues with their children.
Partners Robert Ritter and Daniel Eichhorn successfully defended a Bergen County attorney who had been sued for legal malpractice and abuse of process. The attorney was sued by his client's former husband for alleged wrongful conduct during a divorce proceeding. Robert and Daniel obtained dismissal of the complaint at the trial level by demonstrating that the attorney conducted himself properly and that the complaint failed to state a claim upon which relief could be granted. The Appellate Division recently affirmed, concluding that the complaint was barred based upon the litigation privilege and collateral estoppel.
Partner Lorraine Abraham recently appeared as an expert on an ABC Prime Time Special to discuss the issue of custody of Michael Jackson's children.
Partners Robert Ritter and Daniel Eichhorn recently prevailed in a federal suit in which their client (a commercial lender) was sued by a borrower for the return of a commitment fee. Robert and Daniel obtained dismissal of all of the borrower's claims and obtained a substantial six figure judgment in favor of their client against the borrowing entity and the individual guarantor. This suit involved a wide range of legal issues including choice of law and forum selection clauses, the regulation of commercial lenders and enforceability of guarantees. Brauser Real Estate, LLC v. Meecorp Capital Markets, LLC et. al, Civ. Action No. 06-1816 (D.N.J. 2009).
Partner Evan Goldman is a Bencher in the Sidney Reitman Employment Inn of the American Courts.
Partner Robert Ritter has been rated AV by the Martindale-Hubbell peer review rating system for 15 Years!
Partner Robert Ritter and Associate Lori Johnson successfully represented a commercial landlord before the United States Court of Appeals for the Third Circuit. The landlord's complaint against the tenant for unpaid rent had been dismissed by the federal district court based upon the entire controversy doctrine, because the parties had previously litigated a rent claim. The Third Circuit reversed and ruled that the entire controversy doctrine did not apply because the rent in the second action had not yet accrued, and because the judge in the first action had specifically reserved the landlord's future rent claim. After the reversal by the Third Circuit, the tenant promptly settled by paying accrued rent, taxes, common area maintenance, interest, late charges and attorneys fees.
We extend our Congratulations to our Associate, Lori A. Johnson, on her appointment to the New Jersey Supreme Court Committee on Character.
Partner Daniel Eichhorn authored a Lexis-Nexis publication chapter that provides an in depth guide to the litigation of oppressed minority shareholder actions from how to conduct initial client interviews through trial. The section focuses on identifying and obtaining the remedy to satisfy the client's needs. Oppressed Minority Shareholder Actions, LexisNexis Practice Guide New Jersey Commercial Litigation, Sec. 2, 2009.
Partner Lorraine Abraham was appointed to the Bergen County Bar Association Judicial Appointments Committee and Partner Robert Ritter was recently reappointed to the Bergen County Bar Association Judicial Appointments Committee.
AMICUS CURIAE BRIEF ON BAD FAITH INSURANCE LAW
By Evan L. Goldman and Lori A. Johnson
