We have prepared appellate briefs and argued before the Superior Court
of New Jersey, Appellate Division; the New Jersey Supreme Court; and the
United States Court of Appeals for the Third Circuit.
Business Counsel and Transactions
businesses and individuals with interests in privately held commercial
or non-profit entities with respect to issues involving acquisitions,
mergers, financing, management and compliance, including counseling and
Our practice is limited to New Jersey. We regularly litigate in all
New Jersey Courts, including the Superior Court of New Jersey (Law,
Chancery, and Appellate Divisions), Surrogate's Court, and the Supreme
Court. We also litigate in the United States District Court for the
District of New Jersey and the United States Court of Appeals for the
Third Circuit. We have participated in all forms of Alternate Dispute
Resolution, such as arbitration and mediation.
with respect to rights and obligations arising out of contracts and
other commercial transactions, including counseling and related
Counseling, negotiation, and preparation
of construction related contracts for owners, contractors,
subcontractors, material suppliers, construction managers and design professionals. Construction Lien
Law filing and claims. Resolution of construction related disputes,
including mediation, arbitration, and litigation.
We have lectured to the New Jersey
Society of Professional
Land Surveyors, The Construction Specification Institute (
New Jersey ) and
the AIA/The Architects League of Northern New Jersey. We have also
presented a Continuing
Legal Education course on Construction Defect Claims under the
auspices of the Insurance Society of
ENVIRONMENTAL AND TOXIC TORT
These claims have involved the defense of contractors and design
professionals pursuant to pollution liability policies in cases
involving property contamination, toxic exposure and/or site
remediation. We have defended claims involving heavy metals (e.g.
mercury and lead), petroleum products, solvents, asbestos and other
toxic and hazardous substances. These cases concern the usual legal
issues of contract, negligence, and professional liability, as well as
the applicability of Federal and State environmental statutes (such as RCRA, CERCLA, ISRA/ECRA, and the New Jersey Spill Act) and related
regulations. We have also been involved in coverage issues relating to
mold and "pollution." (See also "Insurance Coverage" Practice Area).
We have rendered
coverage opinions to insurance carriers and litigated coverage issues
on behalf of insurance carriers relating to professional liability
policies, worker’s compensation policies, comprehensive general
liability policies, directors and officers policies, environmental
impairment liability policies, commercial auto policies, pollution
liability policies, liquor liability policies , and excess policies. We
have rendered coverage opinions and litigated matters involving
“additional insured” coverage.
We have defended
insurers in state and federal litigation involving multi-million dollar
claims arising out of environmental impairment liability (EIL) policies
and pollution liability policies (PL). These matters typically involve
claims by insureds against their EIL, PL and comprehensive general
liability (CGL) carriers for environmental cleanup costs undertaken by
reason of USEPA or NJDEPE action. These matters involve the full range
of coverage issues relating to EIL, PL and CGL policies, such as trigger
of coverage, “occurrence”, “claim first made”, “environmental
impairment”, “sudden and accidental” (relating to both standard and
non-standard pollution exclusions), “expected or intended”,
misrepresentation by policyholder, damages, contribution/allocation
among triggered policies, duty of insured to primary insurer, duty of
primary insurer to excess insurer, duty of insurer to reinsurer, etc.
These coverage matters have ranged in value from relatively minor
amounts to claims in excess of $35,000,000.
Low Income Housing Law
of Public Housing Authority, investors and developers in connection with
the development, construction, Tax Credit and other financing,
management and other issues, including counseling and related litigation
developers, buyers, sellers, and investors in connection with the
development, purchase and/or sale of residential, multi-family and
commercial real estate, including counseling and related litigation.
injured persons or potentially legally liable parties with respect to
claims arising out of personal injuries, including counseling and
related litigation. These claims typically involve premises liability,
professional liability, motor vehicle liability, products liability, and
work related liability.
These claims have involved issues relating to the New Jersey Products
Liability Act, common law products liability, and federal statutes and
regulations. We have represented packagers of chemical products, and
litigated numerous cases on behalf of engineers and other design
professionals which have implicated products liability issues involving
roofing systems, curtain-wall systems, electronic devices, concrete
formulas, FRT plywood, water pipes, pre-engineered package waste
treatment plants, pre-engineered laminated beams, elevators, swimming
pools, as well as cases involving product related patent and copyright
issues. We have represented the manufacturers of playground equipment,
recreational sports equipment, medical products and devices, dental
prostheses, industrial power saws, industrial power drills, heavy
construction equipment, firearms and marine equipment. Damages have been
sought for bodily injury, wrongful death, property damage, economic loss
and punitive damages.
PROFESSIONAL LIABILITY DEFENSE
Agents and Brokers Malpractice
We have represented insurance agents and brokers
(producers) with regard to miscellaneous claims generally involving
failure to advise insureds of available insurance coverage, allowing
gaps in coverage to exist, and placing coverage with insurers
subsequently placed in rehabilitation and liquidation.
Design Professional Malpractice
These claims have involved the
defense of architects, engineers (civil, electrical, mechanical,
structural, environmental, and geotechnical), land surveyors, landscape
architects, and construction managers. We have defended claims for
damages arising out of all types of construction projects, including
claims arising out of design defects, construction defects, improper
project administration/supervision, delays, economic loss, RICO,
consumer fraud, punitive damages, wrongful death, and personal injury.
We have appeared before the State Board of Professional Engineers and
Land Surveyors (New Jersey) and the State Board of Architects (New
Jersey) with regard to professional licensing issues.
These claims have involved issues relating to
zoning, environmental permits, secured transactions and Uniform
Commercial Code filings, statutes of limitation, failure to sue
potentially liable parties, diversion of trust funds, real estate conveyancing, bankruptcy, matrimonial, bodily injury, conflicts of
interest and other unethical conduct, trial attorney negligence, and
similar claims. We have represented law firms of all sizes, including
single practitioners and firms in excess of 110 attorneys.
These claims have involved the defense of
doctors, distributors of medical products, and other medical service
providers, including not-for-profit charitable entities. Damages have
been sought for bodily injury, wrongful death, and punitive damages
arising out of alleged misdiagnosis, improper use of medical devices and
other deviations from accepted standards of medical care.
of Wills and Trusts; counseling regarding estate planning and business
succession; Probate proceedings and related litigation including
representation of fiduciaries, beneficiaries, and heirs.
Zoning and Planning
connection with applications and appearances before municipal and other
government agencies, including counseling and related litigation