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Our
Litigation Department is well known for its ability to
effectively address the complex, as well as the
routine, lawsuit. Its philosophy balances aggressive
initiatives with the economical allocation of tasks
among attorneys, law clerks and paralegals. Our
litigation attorneys range from recently admitted
attorneys to attorneys with more than twenty-five
years experience in handling highly sophisticated
litigation. This experience complements a diversity of
experience in various specialized substantive areas,
such as First Amendment, Aviation Insurance Defense,
personal injury, Commercial, and Trusts and Estates
Litigation.
First Amendment: Our firm
has handled many New Jersey matters for major
publishers, such as Time, Inc., and regularly
represents a variety of publications in the state and
federal courts. In addition to defending numerous
libel actions, the firm has handled other types of
First Amendment litigation, including invasion of
privacy, court closure, reporter's privilege, right to
know/Open Public Meetings Act, and news rack suits.
Among the more notable cases in which the firm has
been involved: the Myron Farber/Dr. X case, in which a
reporter from the New York Times was jailed because he
refused to testify in a highly publicized murder trial
in Bergen County; Schiavone v. Fortune, in which the
United States Supreme Court, upholding lower court
decisions, affirmed the dismissal of a libel suit
brought by then Secretary of Labor Raymond Donovan's
construction firm; The Record v. City of Clifton, in
which the court not only invalidated restrictive news
rack ordinances, but awarded our client $100,000.00 in
costs and counsel fees; Turf Lawnmower Repair, Inc. v.
Bergen Record Corporation, in which the New Jersey
Supreme Court extended the actual malice privilege to
articles alleging conduct violating the consumer fraud
statute. The discovery, summary judgment and related
motion practice strategies and skills honed by our
attorneys in the area of First Amendment litigation
have also been of great benefit to our general
litigation practice.
Insurance Defense: The insurance defense group
provides vigorous, but cost-effective, representation,
from initial pleadings through jury trials and
appeals, offering the services of attorneys skilled in
the areas of liability and damages assessment,
arbitration, settlement negotiation, and jury and
non-jury trials. Through its representation of the
United States Aviation Insurance Group, the firm has
successfully defended the interest of various airline
companies, including Continental Airlines, United
Airlines, and American Airlines, in claims arising
from both ground-based and in-flight injuries. We also
have defended complex litigations involving wrongful
death claims arising from aircraft crashes. In
addition, the insurance defense group has successfully
defended premises liability, automobile and products
liability claims for Motorists Insurance; brokers
errors and omissions claims for Zurich Insurance and
CNA; and title insurance claims for Commonwealth
Insurance and Lawyers Title.
Commercial: Our long-standing representation of
large and small businesses has enabled us to
effectively protect their interests in litigation when
necessary. We actively pursue and defend cases
involving employment law, contracts, business torts
and commercial and corporate transactions. Our
substantial representation of financial institutions
is reflected in our experience in collection,
foreclosures, and workout litigation. Our commercial
collection section regularly handles substantial
collections from commercial accounts for two major
companies, and litigates such matters in courts
throughout the United States.
Trusts and Estates Litigation: The Trusts and
Estates section of our Litigation Department provides
services in connection with a broad range of contested
estate, probate, and trust matters, including claims
involving undue influence, lack of testamentary
capacity, will construction, trustee management, lost
wills, holographic wills, elective share and omitted
spouse claims and intestate estates.
Local
Counsel: Our broad
litigation experience and familiarity with New Jersey
practice and procedures also makes the firm well
qualified to serve major companies and law firms
around the country as local counsel in cases brought
in the state and Federal Courts in New Jersey. Our
litigators are able to render advice on the
particulars of New Jersey courts, judges, opposing
counsel, and rules. We have noteworthy experience in
New Jersey practice: one partner has served as an
adjunct professor of New Jersey Practice at Fordham
Law School for more than fifteen years and another
attorney is a retired Appellate Division judge and
former acting Administrative Director of the New
Jersey Courts. We also have ample physical facilities
and support services for conferences, depositions,
research and generation of "rush" motions,
briefs and other pleadings.
Our
diverse litigation practice extends to many other
specialty areas as well. In addition to arbitration
and administrative court proceedings, our litigators
handle landlord/ tenant, breach of contract, business
collection, environmental, municipal court, wrongful
termination, corporate dissolution, board of
education, municipal land use, employment
discrimination, personal injury and products liability
cases.
Practice area members are: Robert
M. Jacobs, Gary
S. Redish, Carolyn
Geraci Frome, Kenneth
K. Lehn, Scott K.
McClain, Edward
P. D'Alessio, Peter
G. Banta, Christine
R. Smith, R.N.
Tendai Richards, Roman
Vaccari, Michael
J. Cohen and Rita
R. Mungioli.
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