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

Posted on November 7th, 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@ansellgrimm.com) or Anthony D’Artiglio, Esq. (ajd@ansellgrimm.com) at (973) 247-9000.

 

Attorney Andrea B. White joins Ansell Grimm & Aaron

Posted on November 3rd, 2016

Andrea WhiteAndrea B. White, Esq., has joined Ansell, Grimm & Aaron, PC’s Matrimonial and Family Law Department as a partner in the firm.

“I’ve known Andrea for more than 20 years and we were very happy when she agreed to join us,” Michael V. Benedetto, managing partner of the firm said. “Her decision to join AGA is exciting on many levels.  Aside from her reputation in the family law field, Andrea was a law clerk at AGA at the start of her legal career.  At that time, Larry Shapiro and I were the other two law clerks.  Larry is now the Co-Chair of our Litigation Department, so this is a bit of a reunion for us, as well as many others that have been at AGA since that time.”

“I was thrilled at the opportunity to join the firm because I think my approach to matrimonial and family law and the philosophy of the firm are a perfect match” Ms. White said. “We have the same commitment to strong advocacy when necessary and amicable settlement when possible.”

Ms. White and the firm’s Matrimonial and Family Law attorneys are prepared to handle your matter through skillful negotiation or mediation, effective drafting of Matrimonial Settlement Agreements, or vigorous pursuit of your interest in a courtroom setting, if an amicable resolution is not possible.

In its more than 85 years AGA, has grown to represent clients throughout the tristate area via offices in Ocean, NJ, Woodland Park, NJ, White Plains, NY, Princeton, NJ and Newtown, Pa. AGA attorneys are dedicated to providing excellent legal representation by providing zealous advocacy and skilled legal advice to our diverse clientele. AGA attorneys all practice with a common philosophy, Commitment to Excellence and Commitment to People.

For more information on AGA’s Matrimonial and Family Law practice, please contact Allison Ansell Ryan, at 732. 643.5217, or via email at aar@ansellgrimm.com, or Ms. White at 732.643.5257, or via email abw@ansellgrimm.com.

 

AGA representing Reality Star in Defamation Suit

Posted on October 26th, 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.

AGA Represents Client Taken Advantage of by Her Divorce Attorney

Posted on October 5th, 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

Posted on September 26th, 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@ansellgrimm.com or 609-557-1044.

AGA’s Community Association Group at CAI-NJ Expo

Posted on September 21st, 2016

Visit Ansell Grimm & Aaron’s Community Association Practice Group at the 2016 CAI-NJ Annual Conference & Expo, booth # 309 on Wednesday, October 26, 2016 at the Garden State Exhibit Center, Somerset. Attorneys from AGA will be on hand to answer questions regarding the Group’s legal services for homeowners associations, condominiums and cooperatives. If you wish to schedule a meeting, please contact David Byrne, Esq., Practice Group Chair at 609.557.1031 or djb@ansellgrimm.com. To learn more about the event visit https://cainj.wildapricot.org/widget/event-2141216

Patterson leads Community Associations Institute – Hudson Valley Roundtable Discussion

Posted on September 20th, 2016

Stacey Patterson, an attorney in AGA’s Community Association Practice Group led a roundtable discussion on behalf of Community Associations Institute (“CAI”) – Hudson Valley which took place in Hillburn, New York on September 15th.

The discussion was attended by various professionals in the Hudson Valley community association industry and board members from New York condominium associations and HOAs. Board members and managers had the opportunity to ask Ms. Patterson legal questions including questions surrounding ADA compliance, unit owner access to community documents, common element maintenance and modifications and governing document interpretation.

Ms. Patterson is located in AGA’s Woodland Park, NJ and White Plains, NY offices.   To discuss your legal needs, you may contact her at 973-925-7343 or srp@ansellgrimm.com.

MARE Journal covers antitrust suit on Eatontown Gas Stations

Posted on September 16th, 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.