Publications
Granted in part and denied in part: defendant’s motion to dismiss; plaintiffs’ bad faith claim would be held in abatement, pending resolution of breach of contract count
The plaintiffs were involved in an automobile collision and subsequently submitted a claim for UM benefits to their insurer, alleging that an uninsured motorist had caused the injuries.
Case Law Alerts, 3rd Quarter, July 2015
Insurer had no duty to defend underlying complaint as it did not meet the definition of “personal injury” under the policy
The plaintiffs were named insureds under a commercial general liability policy issued by the defendant.
Case Law Alerts, 3rd Quarter, July 2015
Summary judgment in favor of defendant insurer on breach of contract and bad faith claims: plaintiff failed to put forth any evidence to support claims after his disability benefits were terminated
The plaintiff had purchased a disability policy from the defendant. Later, the plaintiff was hospitalized after he suffered damage to his kidneys due to his diabetes.
Case Law Alerts, 3rd Quarter, July 2015
Construction cases: statute of repose commences when the contract, not the construction, is completed
The appellant condominium complex filed suit against various defendants for construction defects. The appellee subcontractor moved to dismiss the appellant’s claims on the basis that they were filed outside the ten-year statute of repose.
Case Law Alerts, 3rd Quarter, July 2015
An alien was not prejudiced by an immigration judge’s error when he failed to establish that the grant of relief was “plausible”
The defendant-appellant, Humberto Gonzalez-Flores, was placed in removal proceedings after a 2004 robbery conviction.
Case Law Alerts, 3rd Quarter, July 2015
The state and its employees are not amenable to suit under the New Jersey Civil Rights Act
The plaintiff brought a malicious prosecution claim and a claim for violation of the New Jersey Civil Rights Act against three deputy attorney generals, two detectives and the state of New Jersey.
Case Law Alerts, 3rd Quarter, July 2015
Damage cap under Political Subdivision Tort Claims Act applies to each local agency defendant, not in the aggregate, when there is more than one local agency found liable
The plaintiff homeowner association, owner of a pond created by an earthen embankment dam, brought claims of negligence and violations of the Storm Water Management Act (SWMA), 32 P.S.
Case Law Alerts, 3rd Quarter, July 2015
Directed verdict on behalf of a broker-dealer and a broker in a FINRA arbitration in New York
The claimant, a sophisticated and wealthy owner of a broker-dealer, alleged that he was being charged an unreasonable mark-up on municipal bond sales. The claimant also alleged that he was the victim of elder abuse.
Case Law Alerts, 3rd Quarter, July 2015
FINRA arbitration panel awards an institutional investor in collateralized debt obligations $80 million in compensatory damages, plus more than eight years of interest.
National Australia Bank invested $80 million in a Goldman collateralized-debt, which gave investors the opportunity to wager on the creditworthiness of a collection of mortgages.
Case Law Alerts, 3rd Quarter, July 2015
Broker wins lost income as a complete offset to a promissory note claim by his former employer
In an unusual case, a broker wins $500,000 in lost income as a complete offset to a promissory note claim by his former employer
Case Law Alerts, 3rd Quarter, July 2015