Litigation

The attorneys in the Litigation Practice Area are devoted to pursuing the claims of and defending the rights and interests of our clients in various commercial, contract and regulatory disputes and in collateral business related matters. Our attorneys represent corporations, closely held businesses, policyholders, professionals, individuals, as both plaintiffs and defendants in matters dealing with business and corporate disputes, professional liability claims, insurance, contract disputes, corporate law and risk management, estate/probate, construction, and real estate development. Our litigators work closely with the attorneys in the firm's other practice areas to utilize their specialized experience in any litigation situation. Our litigators have extensive experience in both the state and federal courts in New Jersey.

Our litigation approach is to provide zealous representation to our clients in litigation of their matters. Four of the attorneys in this practice area are certified by the New Jersey Supreme Court as civil trial attorneys and two are members of the Million Dollar Advocates Forum. Several of our attorneys have also been recognized by New Jersey Super Lawyers and are AV^® rated by their peers in Martindale-Hubbell.

Our attorneys are members in several professional organizations including the American Bar Association, Monmouth County Bar Association, and the New Jersey State Bar Association. They are involved in the NJSBA Public Contracting and Construction Law and Business Law Sections and serve on the Business and Commercial Litigation and Equity Jurisprudence Committees.

Our attorneys have been appointed as certified Arbitrators for the Superior Court of New Jersey and as Mediators by the Supreme Court of New Jersey and have experience with alternative dispute resolution for those clients seeking alternatives to conventional litigations to resolve their disputes.

Following is a sample list of services handled by our litigation attorneys:

Business/Commercial Litigation

Contract disputes
Specific performance claims
Restrictive covenants
Debtor/creditor claims
Third-party liability claims

Insurance Litigation

Defense of professionals under professional liability insurance policies
Representation of policy holders for insurance claims under liability, disability, life and other insurance policies

Contract Litigation

Business tort litigation & fraud, business interference
Breach of contract actions
Partnership disputes (disputes among members of closely held corporate entities)
Real estate related litigation
Enforcement of defense/indemnity provisions

Probate/Estate Litigation

Will contests
Commission disputes
Fiduciary removal and reinstatement and accounting actions

Construction Litigation

Contract disputes
Public contracts
Bid protests
Site claims and liability
Board of Construction appeals
Development/Land Use disputes
Contracting program review
Consumer claims
DCA disputes
Construction defect claims

Corporate/Shareholder Litigation

Security agreements/negotiable instruments
Minority shareholder oppression claims
"Deadlock" shareholder disputes
Business and corporate valuation
"Wind-Down" corporate disputes
Director/officer liability claims
Business fraud
Breach of fiduciary duties
Creditor/debtor insolvency claims
Partnership/corporation/LLC dissolutions
Asset/stock purchase disputes

Intellectual Property Litigation

Enforcement of licensing agreements
Trademark infringement claims
Royalty accounting disputes
Sale of intellectual property as corporate assets
Fraud/conversion and theft claims
Domain name disputes
Trademark registration opposition actions

Many of our litigation attorneys also practice in the following specialty areas:

Government Investigations/White Collar Crime
Employment Litigation
Environmental
Trusts & Estates
Real Estate, Land Use & Development

Published Decisions

Williams v. Kenney, 379 N.J. Super. 118 (App. Div. 2005)
Newell v. Hudson, 376 N.J. Super. 29 (App. Div. 2005)
Waterloov Gutter Protection Systems Co., Inc. v. Absolute Gutter Protection, LLC, 64 F.Supp. 2d 398 (D.N.J. 1999)
Whalen v. Schoor, DePalma & Canger Group, Inc., 305 N.J. Super. 501 (App. Div. 1997)
Federal Ins. Co. By and Through Associated Aviation Underwriter v. Purex Industries, Inc., 972 F.Supp. 2d 872 (D.N.J. 1997)
Robertson v. Central Jersey Bank & Trust Company, 47 F.3d 1268 (3d Cir. 1995)
Gatto v. New Jersey Automobile Full Insurance Underwriting Association, 284 N.J. Super. 665 (App. Div. 1995)
Aetna Insurance Company v. Trans American Trucking Service, Inc., 261 N.J. Super. 316 (App. Div. 1993)
Trans American Trucking Service, Inc. v. Ruane, 273 N.J. Super. 130 (App. Div. 1994)
Kuhn v. Spatial Design, 245 N.J. Super. 378 (App. Div. 1991)
Patterson v. Monmouth Regional High School Board of Education, 222 N.J. Super. 448 (App. Div. 1987)