Settlements & Verdicts

Seaside Park settles racially charged Sawmill Cafe lawsuit for $2.5 million

$11 Million judgment in a breach of contract action.

$ 2 Million judgment in a sexual molestation case.

$1.6 Million settlement for an individual injured in an automobile accident.

$1.5 Million settlement for a widow whose husband was killed as a result of an unsafe work environment.

$720,000 settlement for an individual who was injured in an industrial accident.

$600,000 settlement in a civil rights case resulting from the use of unlawful and excessive force by a police department.

$490,000 settlement for a bar patron who was injured as a result of a bar fight in which he was not involved.

$485,000 settlement for an individual who was injured when a garage door was negligently closed, striking him in the head causing injury.

$460,000 settlement for an individual injured in an automobile accident as a result of icy conditions on the roadway caused by the negligence of others.

$425,000 settlement for a slip and fall resulting in an RSDS problem.

$400,000 settlement for an individual motorcycle accident.

$300,000 settlement in a medical malpractice action resulting from an improper diagnosis.

$290,000 settlement in a medical malpractice case resulting from an improper diagnosis.

$285,000 judgment in a slip and fall case when a police officer was chasing a fleeing suspect.

$225,000 settlement in a wrongful death action.

$215,000 judgment for an individual injured in an automobile accident.

$210,000 settlement for a student molested by a teacher.

State Court Decisions

2008 WL 4703013, New Jersey Superior Court, Appellate Division, October 28, 2008

• An appeal of a final agency decision of the Division of State Police involving whether a New Jersey State Trooper was entitled to an award of counsel fees, pursuant to state statute, as a result of having to defend against an indictment charging official misconduct, credit card fraud and identity theft.

2008 WL 2332233, New Jersey Superior Court, Appellate Division, June 6, 2008

• An appeal from a Final Administrative Decision of the Merit System Board removing the name of a terminated police sergeant from a list of candidates eligible for appointment to the civil service title Correction Officer Recruit, on the ground that he had an unsatisfactory employment record.

2008 WL 1872401, New Jersey Superior Court, Appellate Division, April 30, 2008

2006 WL 3068880, New Jersey Superior Court, Appellate Division, October 31, 2006

• The parties in this case owned adjoining parcels of land and there was ongoing dispute regarding easement over one of the properties.

2008 WL 302341, New Jersey Superior Court, Appellate Division, February 5, 2008

• A suit against an insurance company for damages from a heavy snow that caused a business’s roof to collapse.

2007 WL 3224756, New Jersey Superior Court, Appellate Division, November 2, 2007

• An African-American brought a discrimination suit for disparate treatment when he was terminated from employment while non African-Americans were permitted to keep their job.

191 N.J. 516, 924 A.2d 550, New Jersey Supreme Court, June 21, 2007

386 N.J.Super. 546, 902 A.2d 304, New Jersey Superior Court, Appellate Division, July 19, 2006

• State Trooper sought review of disciplinary action taken against him by the Office of Professional Standards for violations of internal rules and regulations. Specifically, the Court had to consider the statutory framework governing timeliness of internal discipline of State Troopers when the disciplinary complaint is based on acts that have been the subject of both internal and criminal investigations.

2007 WL 445478, New Jersey Superior Court, Appellate Division, February 13, 2007

• An individual slipped and fell on ice/snow in the parking lot of a church after he dropped his daughter off to school.

2006 WL 2085239, New Jersey Superior Court, Appellate Division, July 28, 2006

• Woman was sexually assaulted while she was incarcerated and brought suit against the County jail and the officers involved.

2006 WL 1699469, New Jersey Superior Court, Appellate Division, June 22, 2006

• An appeal from the Final Administrative Decision of the Merit System Board when an individual was terminated for conduct unbecoming a public employee.

2006 WL 1506951, New Jersey Superior Court, Appellate Division, June 2, 2006

• New Jersey State Trooper appealed the issuance of a written reprimand suspending the individual for five days without pay, for failing to document a report of a body located on the roadside and failing to document the reported body during squad briefing.

2006 WL 657865, New Jersey Superior Court, Appellate Division, March 16, 2006

• A driver ejected from vehicle in an automobile accident brought an action against the manufacturer, alleging a defective seatbelt.

2006 WL 266597, New Jersey Superior Court, Appellate Division, February 6, 2006

• This was an appeal of a finding that an individual was liable for causing injury to the property of another while hunting and not liable for the careless discharge of a firearm.

2005 WL 3610149, New Jersey Superior Court, Appellate Division, January 6, 2006

• Woman fell when trying to climb down from balcony of second floor apartment when she was locked out by a hinged security bar.

2005 WL 3533603, New Jersey Superior Court, Appellate Division, December 28, 2005

• Man was the victim of an unprovoked violent attack against him while he was employed as a security officer.

369 N.J.Super. 66, 845 A.2d 615, New Jersey Superior Court, Appellate Division, June 10, 2003

• Hospital brought action against patient’s estate for bill for unpaid medical expenses that was more than triple the Medicare rate. The Court determined that the hospital was only entitled to no more than the Medicare reimbursement rate from the estate.

334 N.J.Super. 617, 760 A.2d 805, New Jersey Superior Court, Appellate Division, October 27, 2000

• Corrections Officer appealed a decision of the Merit System Board dismissing his appeal from the department ruling sustaining charges against him.

298 N.J.Super. 630, 690 A.2d 142, New Jersey Superior Court, Appellate Division, March 19, 1997

• Family of apartment tenant who attempted to open his stuck door by striking it with his fist, but who missed the wooden frame and put his arm through a glass window, resulting in his death, brought a wrongful death and survivorship action against the apartment owner.

268 N.J.Super. 301, 633 A.2d 577, New Jersey Superior Court, Appellate Division, November 18, 1993

• Both the Department of Corrections and the Senior Corrections Officer appealed a Merit System Board decision upholding the finding that a Senior Corrections Officer had committed conduct unbecoming an employee by playing cards with inmates for cigarettes and paying gambling debts by bringing cigarettes into prison.

254 N.J.Super. 662, 604 A.2d 194, New Jersey Superior Court Appellate Division, March 19, 1992

• Shareholders of bankrupt automobile dealerships brought lender liability action. The Appellate Division held that the fact that the shareholders had guaranteed corporate debt, or that they had given mortgages and other collateral to secure corporate obligations, did not render their lender liability claims any less derivative of corporate claims, which had been released.

244 N.J.Super. 369, 582 A.2d 841, New Jersey Superior Court, Chancery Division, July 5, 1990

• Real estate purchaser sued seller and lessee of seller, claiming that they had conspired to conceal the existence of a lease under which lessee occupied a trailer on the subject property.

225 N.J.Super. 160, 541 A.2d 1123, New Jersey Superior Court, Chancery Division, January 14, 1988

• In mortgage foreclosure action, the Superior Court, Chancery Division, Cumberland County, held that mortgagee could receive award of attorneys fees in excess of $7,500 following foreclosure, regardless of sum adjudged to be paid to mortgagee.

178 N.J.Super. 549, 429 A.2d 623, New Jersey Superior Court, Chancery Division, March 9, 1981

• In a mortgage foreclosure action, the Superior Court, Chancery Division, Atlantic County, held that 20% attorney fee provision was in derogation of public policy; and under court’s fee rule, counsel fees are to be applied on the aggregate sum determined to be due and owing any part mortgagee and such application is warranted in those cases where one party forecloses more than one mortgage and where those mortgages secure multiple notes or bonds.

Federal Court Decisions

2008 WL 5136945, United States District Court for the District of New Jersey, December 4, 2008

• Sergeant with the New Jersey State Police was indicted on charges of official misconduct, credit card fraud and identity theft. After charges were dismissed, he filed an action alleging that his rights under the United States Constitution and New Jersey law were violated.

2008 WL 4372803, United States District Court for the Eastern District of Pennsylvania, September 18, 2008

• Employee brought action for violation of her rights under the Federal Equal Opportunity Employment laws, unlawful employment practice, and breach of implied covenant of good faith and fair dealing.

2007 WL 3053341, United States District Court for the Eastern District of New York, October 18, 2007

• Wholesale distributors of marine products of all types, including bottom paint, brought action against manufacturer of bottom paint claiming that it was defective and the manufacturer distributed an unproven and untested product.

2006 WL 2583460, United States District Court for the District of New Jersey, September 7, 2006

2006 WL 2355489, United States District Court for the District of New Jersey, August 14, 2006

• Claim by bar patrons that, while being removed from the bar were subjected to mental and physical abuse by police officers. They also claimed that the officers fabricated false criminal complaints against them which were later dismissed. They asserted federal claims for violations of their civil rights as well as malicious abuse of process, malicious prosecution, assault, battery, false arrest, false imprisonment and negligence.

2006 WL 2482975, United States District Court for the District of New Jersey, August 24, 2006

• Woman brought suit claiming that another driver, through actions of neglect, carelessness and recklessness caused his vehicle to collide with hers in the Baltimore Tunnel.

346 B.R. 571, United States District Court for the District of Massachusetts, July 13, 2006

402 F.Supp.2d 328, United States District Court for the District of Massachusetts, November 4, 2005

2005 WL 4541951, United States District Court for the District of Massachusetts, July 13, 2005

• Chapter 7 debtor, a distributor of marine products, brought action against manufacturer of allegedly defective marine paint. Wholesale customer that had purchased the paint from debtor, together with customer’s insurer, brought action against debtor and manufacturer.

176 Fed.Appx. 317, United States Court of Appeal for the Third Circuit, April 20, 2006

• Former employee prevailed on claim that Department of Corrections had improperly terminated her. The Merit System Board ordered the parties to make a good-faith effort to settle on the amount of back pay and counsel fees. The former employee appealed a decision that enforced a purported settlement.

2005 WL 1000259, United States District Court for the District of Massachusetts, March 23, 2005

• This action arose out of defective boat hull paints. Companies that brought this action were seeking to recover amounts they had incurred and will incur as a result of the allegedly defective boat hull paints, including but not limited to costs required to settle their warranty claims and costs incurred in connection with storage, handling and disposal of the unsold and returned paints.

359 F.Supp.2d 361, United States District Court for the District of New Jersey, March 7, 2005

• Employee of the United States Postal Service brought claim against co-worker and United States Postal Service for injuries she sustained after being sexually assaulted by co-worker.

242 F.3d 469, United States Court of Appeals of the Third Circuit, March 7, 2001

1999 WL 140396, United States District Court for the District of New Jersey, March 17, 1999

• Field technician who was injured by explosion while examining motor control center at carbon dioxide recovery plant brought a products liability action against the company that provided design and engineering services for the plant’s construction and manufacturer of the motor control center.

66 F.Supp.2d 607, United States District Court for the District of New Jersey, September 29, 1999

• Police officer brought action against owner of apartment building to recover for damages sustained when he fell into utility access hole while searching for suspect.