Litigation

AGA’s Jay Feldman to Share Civil Procedure Expertise

Ansell Grimm November 9, 2016

Jay Feldman, an attorney at Ansell Grimm & Aaron P.C., will be a featured speaker at the National Business Institute’s November 17 seminar on Applying the Rules of Civil Procedure in New Jersey at the Ramada Plaza Hotel, 160 Frontage Road, Newark, NJ. Mr. Feldman will be speaking on the subjects of “Commencing an Action” and “Using Motions to Enhance Your Case”.

To register for the seminar please visit the NBI website at: Applying the Rules of Civil Procedure in New Jersey. Attendance at the seminar satisfies state-mandated continuing legal education requirements for New Jersey, New York and Pennsylvania. The seminar runs from 9 a.m. to 4:30 p.m. with a 1 hour lunch break at 11:45 a.m. A recording of the seminar with a coursebook, or on-demand audio also is available for purchase.

AGA Secures Pre-Discovery Summary Dismissal of Consumer Class Action Litigation

Ansell Grimm November 7, 2016

ANSELL, GRIMM & AARON attorney Anthony J. D’Artiglio, Esq. obtained dismissal of a putative class action upon the Middlesex County Court’s granting of a pre-discovery motion for summary judgment. The case, Walker v. DeFalco Heavy Duty Towing and Recovery, LLC, Docket MID-L-2145-16, concerned claims under the New Jersey Consumer Fraud Act that our client, DeFalco, charged towing rates higher than permitted by municipal ordinance.

The Court resoundingly rejected plaintiff’s dream of a monetary windfall predicated on significant statutory damages finding that he had no standing to sue in the first instance. Specifically, the Court held that because plaintiff’s insurance company – and not plaintiff – paid the towing charges and received the refund for overpayment plaintiff did not suffer an ascertainable loss which would give him standing to sue under the Consumer Fraud Act, the Predatory Towing Prevention Act incorporated therein, or the Truth in Consumer Contract, Warranty, and Notice Act. By obtaining a pre-discovery dismissal, ANSELL, GRIMM & AARON saved DeFalco’s significant time and expense defending plaintiff’s challenge to his own insurance company’s reasonable and expedient resolution of the matter.

ANSELL, GRIMM & AARON attorneys regularly engage in class action defense arising from frivolous claims and seek to obtain a similarly quick and cost-effective result for our clients. Of course, some matters do have merit, in which case our attorneys work to narrow the claims toward minimizing damages and obtaining a favorable settlement.

For additional information on ANSELL, GRIMM & AARON’s class action defense practice, please contact Joshua S. Bauchner, Esq . (jb@62q.f7d.myftpupload.com) or Anthony D’Artiglio, Esq. (ajd@62q.f7d.myftpupload.com) at (973) 247-9000.

AGA representing Reality Star in Defamation Suit

Ansell Grimm October 26, 2016

AGA attorney Joshua S. Bauchner is representing “Real Housewives of New Jersey” stars Jim and Amber Marchese, in a defamation lawsuit against Virgin America Inc. The federal complaint alleges that an airline employee falsely reported to police that Jim Marchese choked and threatened his wife after boarding a flight from Los Angeles to Newark this past spring, according to a story published by Reuters.

Mr. Bauchner told Reuters, “They hope to vindicate their age-old right to be left alone. When a married couple is on a plane returning to see their children, false accusations shouldn’t be levied against them by a flight attendant seeking her 15 minutes of fame.”

Mr. Bauchner is co-chair of the firm’s Litigation Department. He works in the Woodland Park office and may be reached at (973) 247-9000.

Bauchner explains power and fairness of Construction Lien Law in NJLJ

Ansell Grimm October 21, 2016

Ansell Grimm & Aaron, P.C., partner Joshua S. Bauchner, Esq. recently published an article in the New Jersey Law Journal on the application and enforcement of New Jersey’s Construction Lien Law. For the full article, click here.

AGA Represents Client Taken Advantage of by Her Divorce Attorney

Ansell Grimm October 5, 2016

AGA attorney Joshua S. Bauchner is representing Plaintiffs Atesa and Anthony Pacelli in a lawsuit accusing Ms. Pacelli’s divorce attorney of malpractice, negligence, and sexual assault arising from his engaging in sexual relations with her during the representation in breach of his ethical and fiduciary obligations. The action has garnered much attention in the media as a result of the divorce attorney’s scandalous misconduct as alleged in a Complaint filed in Manhattan Supreme Court.

Mr. Bauchner was quoted by the New York Daily News stating that the divorce attorney’s “conduct was despicable, unprofessional, and unethical, and [we] are intent on pursuing all available remedies against him.”

For the full story visit the New York Daily News or New York Post. Mr. Bauchner is co-chair of the firm’s Litigation Department residing in the Woodland Park office and may be reached at (973) 247-9000.

AGA’s Jay Feldman appointed Chair of the District III-B Fee Arbitration Committee

Ansell Grimm September 26, 2016

The New Jersey Supreme Court recently appointed AGA Attorney, Jay Feldman as Chair of the District III-B Fee Arbitration Committee. His term as Chair began on September 1, 2016. The New Jersey Supreme Court first appointed Mr. Feldman to District III-B Fee Arbitration Committee in 2013 as a panel member. Mr. Feldman is currently a member of the AGA Litigation and Bankruptcy departments and devotes his practice to the areas of business litigation, real estate litigation, construction litigation, and bankruptcy litigation.

The District Fee Arbitration Committees issue binding determinations deciding disputes filed by clients against their attorneys seeking a review of the amount of attorneys’ fees charged. As Chair, Mr. Feldman’s duties include presiding over fee arbitration hearings each month during which the client, attorney, and any other witnesses testify. Mr. Feldman, along with two other Committee panel members, review the fees charged and determine whether they are reasonable. Mr. Feldman is responsible for preparing written opinions deciding the fee arbitration disputes brought before the District III-B panel.

Mr. Feldman can be reached at jbf@62q.f7d.myftpupload.com or 609-557-1044.

MARE Journal covers antitrust suit on Eatontown Gas Stations

Ansell Grimm September 16, 2016

The Mid Atlantic Real Estate Journal reported on Fidelity Eatontown, LLC and Quickchek Corp.’s antitrust lawsuit against Excellency Enterprise, LLC, Kennedy Auto Service, Inc., Gas of Eatontown, Inc. in its Aug. 26 issue. AGA partner Josh Bauchner is representing Fidelity Eatontown, LLC and Quickchek Corp. in the suit, relying on the recent United States Court of Appeals for the Third Circuit decision in Hanover 3201 Realty, LLC v. Village Supermarkets, Inc. Bauchner has represented Fidelity Eatontown, LLC and Quickchek Corp. before the Eatontown Planning Board and other government entities and the suit alleges that the defendants engaged in sham litigations and frivolous pretextual appeals to preserve their monopoly position in the borough.

The Mid Atlantic Real Estate Journal provides comprehensive coverage of the commercial real estate industry in New Jersey, Pennsylvania, Delaware, Maryland, Virginia, and Washington D.C.

For the full story visit the MARE Journal’s Aug. 26 publication.

Groundbreaking AGA Victory establishes that Insurance Carriers
Cover Subcontractor’s Defective Workmanship

Ansell Grimm August 4, 2016

Today Ansell Grimm & Aaron, P.C. (“AGA”) obtained not only a victory for their client, Cypress Point Condominium Association, but a clear victory for all condominium and homeowners associations in New Jersey. In a groundbreaking decision, the New Jersey Supreme Court (the “Court”) has confirmed that insurance policies held by developers and general contractors cover the faulty workmanship of subcontractors they hire. Specifically, the Court found that defective workmanship is an “occurrence” under commercial general liability policies, and that those policies specifically and unequivocally cover property damage caused by the faulty work of the subcontractors hired to actually perform the construction of the buildings.

AGA Community Association Group Partner Mark Wiechnik, appeared before the New Jersey Supreme Court in April 2016 to argue the case after the developer/general contractor’s insurers appealed a July 2015 decision by the New Jersey Appellate Division. At the Appellate level Wiechnik, and AGA Community Association Group Attorney Breanne DeRaps, successfully argued that, under a plain reading of the insurance policy in question, consequential damages to the common areas of the condominium complex and unit owners’ property caused by subcontractors’ defective work are “property damage” and an “occurrence” and that the trial court had erred in granting summary judgement in favor of the insurers.

This ruling gives New Jersey condominium associations and homeowners the means to recover damages from the sponsor, developer and/or general contractor, who typically have no assets to satisfy a judgment. For years, insurers have taken the position that exclusions in the policy for “your work” meant that the entire building, i.e. the “work” of the general contractor, was exempt from coverage. Carriers often refused to pay any damages even to associations and homeowners who were experiencing catastrophic leaks into their homes. That ends today.

If you have questions about the case, please contact Mark Weichnik at 609-228-5593 or mmw@62q.f7d.myftpupload.com.

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For more than 85 years, ANSELL GRIMM & AARON, PC has been dedicated to providing excellent legal representation. In providing zealous advocacy and skilled legal advice to our diverse clientele, our attorneys all practice with a common philosophy… commitment to excellence and commitment to people.

AGA Obtains Dismissal of Class Action Suit Relying on
U.S. Supreme Court’s Recent Spokeo Decision

Ansell Grimm August 2, 2016

ANSELL GRIMM & AARON, PC recently secured the dismissal, with prejudice, of a federal class action complaint alleging violations of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 et seq. (“TCPA”), in accord with recent United States Supreme Court precedent embodied in the seminal case of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016). This marked a significant victory for our client in one of the first cases in the nation to apply Spokeo to dismiss a putative class action for lack of standing.

Specifically, Plaintiff in Susinno v. Work Out World, No. 3:15-civ-05881(PGS)(TJB), alleged that our client made a single, unanswered, auto-dialed call which went to voicemail. Plaintiff further alleged that the call violated the TCPA because it was made without her express, written consent. In granting our motion to dismiss, the Court primarily relied on the Supreme Court’s Spokeo decision.

In Spokeo, the plaintiff alleged violations of the Fair Credit Reporting Act whereby defendant Spokeo allegedly disseminated mistaken personal information about him. The Court found that while there may have been procedural violations of the statute, it was unclear whether the plaintiff suffered an “injury in fact” — requiring both “particularized” harm specific to him and a “concrete” injury that actually exists. Specifically, the Court found that while the lower court considered the particularized requirement, it failed to consider concreteness. At its core, the ruling considered whether bare, procedural violations of a statute alone “entail a degree of risk sufficient to meet the concreteness requirement” establishing an actual injury.

Applying the Spokeo Court’s reasoning, The Honorable Peter G. Sheridan held that the purpose of the TCPA was to prevent repeated, annoying, and harassing calls to consumers. The Court concluded that a single, unanswered voicemail did not satisfy this standard. The Court further held that in the absence of any annoyance or related harm to Plaintiff resulting from the single call, she did not suffer a “concrete” injury sufficient to satisfy the elements of an “injury in fact” foreclosing her standing to assert the claims. As a result, dismissal was warranted.

Plaintiffs class action attorneys file TCPA complaints because the statute provides for damages of $500 per call ($1,500 for willful violations) plus attorneys’ fees and costs. Since the TCPA was amended, effective October 16, 2013, making it more onerous for businesses, class action litigation based on the statute increased more than 1000% nationwide.

ANSELL GRIMM & AARON, PC is aware that many of our clients rely on various forms of communication to connect with consumers toward generating business. Services providing auto-dialed, “robo-calls” can contact thousands of consumers in a single day. However, the risks of dong so are manifold as it is critical that business carefully adhere to the provisions of the TCPA to avoid exposure to significant statutory liability. Oftentimes, this simply may be achieved by including particular contractual language.

If you have questions about the case, or the TCPA in general, please contact Joshua S. Bauchner, Esq. at (973) 247-9000 or jb@62q.f7d.myftpupload.com.

Shapiro and Bauchner to lead AGA Litigation Department

Ansell Grimm July 27, 2016

ANSELL GRIMM & AARON, PC is pleased to announce the appointment of Lawrence H. Shapiro and Joshua S. Bauchner as Co-Chairs of its Litigation Department, effective September 1, 2016.

For nearly 100 years, commercial enterprises and individuals throughout the northeast region and beyond have looked to Ansell Grimm & Aaron to obtain positive outcomes in matters of dispute resolution and complex litigation. The attorneys who comprise the firm’s litigation practice group offer extensive legal acumen as well as an in-depth understanding of commercial operations in banking, energy, apparel, media, health, and real estate. The firm’s litigation practice group engages at the trial and appellate levels in both State and Federal courts, as well as in arbitration and mediation proceedings, throughout New Jersey and New York.

Our litigators’ experience is marked by an in-depth understanding of commercial and industrial operations as well as an unwavering commitment to the individuals and businesses we serve. That commitment extends beyond the courtroom. When appropriate, the firm will always seek to leverage those windows of opportunity that allow for settlement or less costly — and often creative — legal solutions.

Larry and Josh will Co-Chair a robust and growing Litigation Department, including attorneys James G. Aaron, Michael H. Ansell, Barry M. Capp, Breanne M. DeRaps, Jay B. Feldman, Mark M. Wiechnik, and recent hire, Anthony J. D’Artiglio.

For additional information concerning the Litigation Department, please contact Larry or Josh at lhs@62q.f7d.myftpupload.com or jb@62q.f7d.myftpupload.com, or at (732) 922-1000.

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