Appellate
- Prevailed before U.S. Eighth Circuit Court of Appeals by defeating $13.5M claim for extra-contractual "mitigation costs."
- Secured victory before New Jersey's Appellate Division on the proper interpretation of commercial property policy's Power Pac Endorsement
- Obtained New York First Department Appellate Division’s affirmation that insurer does not owe duty to defend insured against allegations of knowingly false statements under CGL policy
Coverage
- Defended numerous first-party insurers in actions arising from Hurricane Katrina involving a multitude of coverage issues, including disputes involving mold claims, code enforcement, business interruption issues and bad faith. In one of the Katrina cases, actively participated in a three-week bench trial in Jefferson Parish, Louisiana and was involved in post-trial submissions concerning alleged property damage and business interruption losses in excess of $100 million.
- Successfully represented insurer-client in an appraisal involving the actual cash value of a vacant building, obtaining a zero award.
- Assisted property insurer in investigating numerous claims arising from the 2003 power outage affecting the Northeastern United States and Canada. After investigation, coverage was denied by carrier client, with only one claim proceeding to litigation. With respect to that one lawsuit, was successful in obtaining summary judgment on a multi-million dollar claim involving property in 5 different states.
- Successfully defended property insurer against a claim by another property insurer involving “other insurance” issues arising from the events of September 11th. Successful in obtaining summary judgment in favor of the client on a multi-million dollar claim with no ensuing appeal.
Subrogation
- Recovered $9,875,000 on behalf of a power utility entity against a marine contractor and the owner and operator of a marine construction vessel for property damage caused to an electrical cable buried underwater in the Long Island Sound. The case was prosecuted in the U.S. District Court, Southern District of Texas, Houston Division.
- Recovered $5,875,000 on behalf of several large corporations against a records storage facility and others for property damage caused to valuable papers and documents which were destroyed during a fire at the warehouse. The case was prosecuted in the Superior Court of New Jersey, Law Division, Middlesex County.
- Recovered $3,250,000 on behalf of a shopping mall tenant against another mall tenant and others for property damage and business interruption losses resulting from a fire. The case was prosecuted in the Supreme Court of the State of New York, Suffolk County.
- Recovered $3,247,199 on behalf of a state-owned hospital against a roofing contractor for property damage to its building and contents caused during a fire which resulted from faulty workmanship. The case was prosecuted in the Superior Court of New Jersey, Law Division, Mercer County.
- Recovered $1,200,000 on behalf of a marine terminal operator against a personal cruise line for property damage caused when its vessel broke its mooring lines and struck a docking pier and passenger loading station. The case was settled before suit was filed.
- Recovered $1,100,000 on behalf of a large manufacturer of household consumer products against a warehouseman for property damage to its inventory of products caused during a roof collapse. The case was prosecuted in the Supreme Court of the State of New York, Onondaga County.
- Recovered $1,100,000 on behalf of an electrical power company against a common carrier for property damage caused to an electrical power transformer during the transportation and uprighting process of the equipment. The case was prosecuted in the U.S. District Court, District of New Jersey.
- Recovered $1,050,000 on behalf of a container terminal operator against a shipping company and its vessel for property damage caused when the vessel struck a gantry crane in Port Newark, New Jersey. The case settled before suit was filed.
- Recovered $1,000,000 on behalf of a co-generation facility against a maintenance and repair contractor for property damage to a power turbine which resulted from faulty workmanship. The case was prosecuted in the U.S. District Court for the Eastern District of New York.
- Recovered $750,000 on behalf of a pharmaceutical manufacturer for property damage in a products liability action against a manufacturer of a defective sprinkler pipe coupling and others. The case was prosecuted in Superior Court of New Jersey, Law Division, Union County.
- Recovered $550,000 on behalf of a large financial institution against a records storage facility and others for property damage caused to valuable papers and documents which were destroyed in a fire at the warehouse. The case was prosecuted in the Court of Common Pleas, Luzerne County, Pennsylvania. A settlement was reached after a jury verdict on liability was obtained.
- Recovered $150,000 on behalf of a small business owner for business interruption losses against an attorney for legal malpractice. The case was prosecuted in the Superior Court of New Jersey, Law Division, Union County.
- Recovered $125,000 for personal injuries sustained by a business invitee aboard a commercial fishing vessel. The case settled before suit was filed.
- Recovered $120,000 for personal injuries sustained by a passenger in an automobile collision. The case was settled during trial in the New Jersey Superior Court, Law Division, Bergen County.
- Recovered $100,000 for personal injuries sustained by the driver in a rear-end automobile collision with a commercial vehicle. The case was prosecuted in New Jersey Superior Court, Law Division, Middlesex County.
Defense
- Obtained denial of class certification in Federal Court in New Jersey in a predatory lending case against a federal thrift alleging Consumer Fraud Act, RESPA, TILA and LLA claims in excess of $200 million.
- Obtained summary judgment on behalf of a lease finance company in a class action alleging consumer fraud and TIL claims in excess of $50 million arising out of an automobile lease.
- Obtained summary judgment on behalf of a national sales finance company dismissing with prejudice 9 out of 10 claims in a class action alleging the violation of various consumer protection statues and seeking damages in excess of $200 million. The one remaining claim is presently on appeal.
- Obtained dismissal on behalf of a leading financial institution as part of a coordinated joint defense effort involving twelve of the country's largest lenders in a putative class action alleging an antitrust and RICO conspiracy to defraud the country's consumers by fixing the prime rate.
- Obtained summary judgment on behalf of a sub-prime lender in a class action involving claims under New Jersey's Consumer Fraud Act as well as TILA, and established lender-favorable precedent concerning the interaction between home improvement contracts and mortgage loans with respect to rescission rights.
