Partner Lou Vogel prevailed on an appeal in the New Jersey Appellate Division seeking to reverse the entry of summary judgment in favor of an HVAC contractor in a lawsuit arising out of a catastrophic fire involving residential property. Plaintiff’s complaint alleged common law fraud, violations of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -227, and negligence. The trial Court granted summary judgment after concluding that Plaintiff’s engineering expert failed to provide an admissible opinion concerning duty or causation. The Appellate Division agreed the expert reports constituted inadmissible net opinion as to duty and causation. The Court further held that the CFA claims failed due to Plaintiff’s failure to establish causation through admissible expert opinion, which rendered Plaintiff unable to prove an ascertainable loss related to any alleged violation of the Act.
On November 13th, 2023, Partner Denise Montgomery obtained summary judgment on behalf of a property owner in Philadelphia County. Plaintiff was a tavern operator seeking damages related to a fire in the bar they operated inside a hotel pursuant to a management Agreement with a third-party tenant of the property. Plaintiff sued the property owner and not that tenant. The property owner argued that it was a landlord out of possession and owed no duty to the Plaintiff. In addition, Defendant argued that Plaintiff failed to produce evidence in support of liability or damages and that expert opinions on causation were required. The Court entered summary judgment against the Plaintiff and dismissed the action with prejudice.
On October 31, 2023 Partner Brian Dib obtained summary judgment in the District of New Jersey. Plaintiff, a guest of a hotel and casino, tripped and fell on a raised boardwalk plank located outside the hotel entrance when exiting the property to walk to the beach. Plaintiff filed negligence claims against the hotel. The Court granted summary judgment, concluding the hotel and casino did not have a duty to maintain the adjacent boardwalk.
On October 27th, 2023, Partner Patrick J. Sweeney started his one-year term as President of the Defense Research Institute. DRI is the largest international membership organization of attorneys defending the interests of businesses and individuals in civil litigation with 29 substantive law committees. Before becoming DRI President, Sweeney served as President-elect and a member of DRI’s Board of Directors. In addition, he served on DRI’s Law Institute, which is responsible for implementing educational programming for the organization.
On October 18, 2023 Partner Brian Dib obtained summary judgment in the U.S.D.C. for the District of New Jersey for a casino client in a premises liability case. The plaintiff, a casino employee, tripped and fell on a sidewalk adjacent to her employer’s property while on her way to work. She filed a claim after the incident and received workers’ compensation benefits. The Court granted summary judgment, concluding that the third-party lawsuit was barred due to the exclusive remedy provision of the New Jersey Workers’ Compensation Act.
Michael J. Reilly, Esquire joins the Firm as an Associate. Michael comes to us with more than 10 years of experience including general liability, retail and hospitality, premises liability and employment defense. Mike has been recognized as a New Jersey Super Lawyer “Rising Star”® from 2019 through 2023.
Partner Louis J. Vogel has been elected Secretary of the Construction Practice Group of USLAW NETWORK, Inc. for a two-year term. USLAW is a national organization of defense firms committed to providing highest quality representation to their clients.
M. Susan Toth, Esquire joins the Firm as an Associate. Susan comes to us with a wealth of experience in the areas of product liability, construction, and trucking matters, including class action and mass tort cases. She is licensed in PA and NJ. Beyond being an excellent attorney, Susan is a past Board Member of the Legal Clinic for the Disabled, and has provided pro bono work in her representation of children in the foster care system as a volunteer attorney with the Support Center for Child Advocates.
Partner Frank Gattuso has been elected Vice Chair of the Retail & Hospitality Practice Group of USLAW NETWORK, Inc. for a two-year term. USLAW NETWORK is a dynamic organization comprised of vetted defense law firms providing the highest quality representation to their clients.
Partner Robyn Farrell McGrath has been Re-Elected to the Board of Directors of USLAW NETWORK, Inc., a national organization of defense firms committed to providing the highest quality representation to their clients.
On October 7, 2023, Partner Michael Kunsch presented on a panel for the USLAW, 2023 Fall Client Counsel in Dana Point, California; Nuclear Verdicts and Punitive Damages.