Cases
Representative Matters: Healthcare Litigation
Obtained summary judgment on behalf of Virtua Health, Inc., a major healthcare system, in defense of federal court antitrust litigation with Deborah Heart
Lung Center, a rival specialty hospital, involving allegations that Virtua conspired to put Deborah out of business by allegedly defaming Deborah, allegedly refusing to honor patient requests for transfers to Deborah,
allegedly making improper patient referrals away from Deborah in violation of the Patients' Bill of Rights, in order to obtain a cardiac surgery Certificate of Need. Ongoing defense of Virtua Health in parallel state court litigation in which Deborah asserts various state law tort claims arising from same alleged conduct.
Counsel to major healthcare system in appeal of New Jersey Department of Health
Senior Services' licensing of competing healthcare provider's Emergency Medical Services helicopter.
Counsel to major healthcare system in defending Lanham Act/false advertising litigation with a rival healthcare system over advertising stating that client had the most Top Doctors as published in regional magazine surveys. After obtaining relief from ex parte injunction issued against client by the New Jersey Superior Court, Chancery Division, removed the case to the United States District Court for the District of New Jersey where, following limited discovery, we negotiated a favorable resolution of all claims.
Counsel to former owners of drug testing laboratory in matters pertaining to claims for indemnification asserted by buyers for alleged pre-closing issues, including alleged insurance fraud claims asserted by third parties. Successfully implemented intervention strategy into pending New Jersey Superior Court third party litigation resulting in resolution of certain New Jersey third party claims.
Hair
Beauty Industry
Counsel to a major regional hair care
beauty supply distributor in the defense of antitrust, tortuous interference with contract
prospective contractual relations,
wrongful refusal to deal claims asserted in the United States District Court for the District of New Jersey by a retailer with a history of involvement in product diversion. After extensive discovery, obtained summary judgment (in an opinion sealed due to confidentiality issues) dismissing all claims, subsequently affirmed by the United States Third Circuit Court of Appeals in Cosmetic Gallery, Inc.v. Schoeneman Corp., 495 F.3d 46 (3d Cir. 2007).
Counsel to major Canadian distributor of professional hair care
beauty supply products joined as third party defendant in Lanham Act litigation involving claims that distributor was engaged in supplying counterfeit professional products to the defendant. Following discovery, obtained dismissal on behalf of distributor from United States District Court for the District of New Jersey.
Counsel to regional hair care
beauty supply distributor in defending lawsuit asserting tortious interference with competing distributor's contract with salon-only product manufacturer. Following removal of case to United States District Court, E.D.Pa., obtained favorable confidential settlement resolving all claims against client.
Counsel to a major regional hair care
beauty supply distributor in asserting New Jersey Franchise Practices Act ( NJFPA ) violations against an international manufacturer of hair care
beauty supplies that had terminated the client's franchise in violation of the NJFPA. As a result of intense pre-filing negotiations with the manufacturer, obtained a substantial financial settlement from the manufacturer representing complete financial recovery for the client under the NJFPA,
saving the client substantial expenditure of fees
time in litigation.
Counsel to salon
owners in defense of lawsuit asserting breach of restrictive covenants, tortious interference with business relations, unfair competition
sl
er/trade libel claims by former salon-only product distributor based upon allegations that defendants falsely reported to product manufacturer plaintiff's involvement in product diversion. Following pleadings
limited discovery, obtained dismissal of all claims against clients.
Counsel to emerging beauty product company in connection with review
drafting of contracts.
Counsel to emerging skin care product company in connection with trademark matters.
Intellectual Property/Trade Secrets/Br
Protection Litigation
Counsel to majority members of LLC engaged in internet sales of clothing
accessories in suit against minority members of LLC asserting breach of fiduciary duty, Lanham Act, unfair competition, trademark infringement,
other claims based upon the minority members' misappropriation of company's websites. Following a multi-day evidentiary hearing on a preliminary injunction motion that was denied by the U.S. District Court, E.D.Pa., obtained reversal from the U.S. Court of Appeals for the Third Circuit,
negotiated resolution of all issues.
Counsel to regional distributor of emergency response
communications systems in shareholder, employee,
trade secret dispute relating to a competing company secretly started by a minority shareholder
certain key employees prior to their sudden
unexpected resignation from employment with the client,
theft of trade secrets
customer lists. After obtaining emergent, expedited discovery from the Superior Court of New Jersey, Chancery Division, negotiated a favorable settlement resolving all issues.
Counsel to manufacturer of Ben & Jerry's Homemade Ice Cream in defense of trademark infringement claims regarding the Chunky Monkey mark in the United States District Court for the District of New Jersey. Following initial pleadings
discovery, obtained a favorable settlement resolving all claims.
Counsel to national convenience store franchisor in litigation asserting breach of franchise agreements by franchisees,
seeking termination of franchise
further use of franchisor's trademarks.
Counsel to the majority owner in a regional software company in a replevin action filed in United States District Court, E.D.Pa., to recover computer laptop prototype that was wrongfully taken by the minority owner a week in advance of a national computer trade show. Within three days, obtained ex parte Temporary Restraining Order compelling minority owner to return prototype
oversaw service
execution of Order by United States Marshal, resulting in recovery of prototype for client in ample time for trade show. Thereafter negotiated resolution of dispute with minority owner for client, obtaining complete relief for the client on an expedited basis.
Counsel to gasoline company in an injunction against a terminated service station operator to prohibit the defendant's continued use of the client's trademarks. Successfully obtained expedited injunctive relief in United States District Court, E.D.Pa.,
thereafter negotiated settlement resulting in obtaining complete relief for the client on an expedited basis.
Counsel to a national distributor of hardware for schools
other institutions in a copyright infringement action filed against a competing local distributor that copied portions of the client's catalog for use in its sales materials. After discovery, negotiated a favorable settlement resulting in recovery of expenses for client
termination of infringing use of client's text.
Extensive experience in state
federal court litigation (both as plaintiff
as defendant) involving confidentiality, trade secrets, restrictive covenants,
covenants not to compete (either arising out of the sale of a business or from employment contracts), common law
statutory unfair competition (both under the Lanham Act
applicable state statutes),
tortuous interference with contract
prospective contractual relations. Have successfully obtained
prevented the imposition of injunctive relief in such cases.
Litigation Arising From Acquisitions Or Sales Of Business
Counsel for national provider of automobile industry services in multi-party/multi-case/multi-county Pennsylvania state court litigation arising out of client's acquisition of Pennsylvania company
involving the defense of claims asserted by former shareholders of acquired company that they were wrongfully excluded from participation in profits from the sale of the company to the client,
also involving assertion of client's affirmative claims under Securities Purchase Agreement against the sellers of the acquired Pennsylvania company. Following pleadings, discovery, motion practice,
negotiations of assignments of rights, obtained substantial seven figure judgment
recovery in client's favor.
Counsel for national provider of automobile industry services in post-closing dispute with sellers over purchase price holdback funds
indemnification claims arising out of client's acquisition of Pennsylvania company providing automated vehicle registration services. In AAA arbitration proceeding, obtained substantial six figure award
recovery in client?s favor, both defeating former shareholders' claims for holdback funds while prevailing on client's counterclaims asserting indemnification for certain post-closing third party claims.
Counsel for defendant seller in multi-faceted business dispute arising out of sale of dental practice involving claims
cross-claims for damages
equitable relief. In AAA arbitration hearing, defeated plaintiff buyer's claims for reduction of purchase price
obtained substantial judgment against buyer for balance of purchase price as well as declaratory
injunctive relief establishing amendment of existing lease to require payment of substantial additional rent to defendant, who retained ownership of building where practice was located.
Counsel to the seller of international shipping business in breach of contract, good faith
fair dealing,
fraud case against the business purchaser/competitor who failed to account for profits, failed to support the client's post-sale involvement in the business,
breached other obligations. After a multi-week jury trial in New Jersey Superior Court, obtained a jury verdict in the client's favor on all liability issues,
thereafter settled all damages issues favorably for the client, obtaining substantial seven figure monetary payments
benefits.
Other Business
Commercial Litigation
Counsel to national provider of executive relocation services
majority owner of company in defense of wrongful termination
shareholder oppression claims filed in New Jersey Superior Court, Chancery Division. Defeated two separate motions of plaintiff minority shareholder/director/officer for emergent injunctive relief appointing receiver or provisional director to run defendant corporation,
thereafter negotiated favorable confidential settlement resolving all issues.
Counsel to national provider of information technology, hardware
software used in motor vehicle dealerships in litigation enforcing rights under commercial contracts
financing agreements.
Counsel to a regional real estate developer in a breach of contract suit asserted against defendants that had breached their agreement to purchase
develop a multi-unit condominium project. Following a multi-week jury trial in New Jersey Superior Court, obtained substantial six-figure verdict for the client.
Counsel to the Burlington County Bridge Commission in admiralty
insurance litigation arising out of the collision of a tug
crane barge with the Tacony-Palmyra Bridge. Following extensive discovery
proceedings, obtained substantial seven figure recovery for client?s damages
losses.
Counsel to maritime transportation company in action to assert maritime liens against defendant construction company. Successfully obtained arrest order from U.S. District Court
had U.S. Marshal execute seizure of defendant?s crane barge.
Counsel to the Burlington County Bridge Commission in real estate title dispute with an adjacent railroad line. Obtained summary judgment for the Bridge Commission by establishing title to the l
s at issue from the original 1833 survey of the rail line
subsequently negotiated favorable going-forward licensing agreement with defendant for continued use of Bridge Commission property for defendant?s outdoor advertising billboard, a substantial portion of which is located Bridge Commission property.
Representation of commercial l
lords
tenants in New Jersey eviction litigation involving commercial lease agreements.
Representation of the Burlington County Bridge Commission in the 1980s
as Special Counsel from 1994 through 2012 involved a wide variety of litigation, transactional,
governmental matters involving real estate, including easements, leases, outdoor advertising locations, billboards,
licensing, quiet title issues, conveyances,
property acquisitions, as well as admiralty, personal injury, property damage, insurance,
risk management issues.
Mass Tort, Drug, Medical Device
Products Liability Litigation
Counsel to an international pharmaceutical company in the defense of consolidated mass tort proceedings venued in Atlantic County, New Jersey, captioned as In re Accutane
In re Isotretinoin. Following core
non-core discovery in a number of designated cases,
after briefing motion to dismiss on preemption
Counsel to international manufacturer of ski helmets in the defense of a product liability wrongful death claim in which it was alleged that the client's helmet caused the death of a minor plaintiff during a ski accident. After extensive discovery
investigation, obtained a favorable confidential settlement resolving all claims against client.
Counsel to an international pharmaceutical company in the defense of multiple New Jersey product liability cases. After obtaining a Lone Pine Order establishing discovery parameters
deadlines, obtained dismissals of all cases by the New Jersey Superior Court,
also defeated an application before the Supreme Court of New Jersey to designate cases for mass tort consolidation under New Jersey Court Rules.
Counsel to a leading international adhesives manufacturer
its parent company in defense of consumer fraud
breach of warranty class action in the United States District Court for the District of New Jersey. Defeated plaintiff's initial motion for class certification. After extensive discovery
motion practice, negotiated favorable confidential settlement resolving all claims in the litigation.
Counsel to an international pharmaceutical company in the defense of New Jersey Superior Court consolidated mass tort proceedings of HIV/Hemophilia blood factor product liability litigation, conducted in conjunction with a concurrent Federal MDL proceeding. Following extensive discovery, obtained favorable confidential settlement resolving all claims against client in the litigation.
Counsel to an international manufacturer of maxillofacial implants in the defense of a claim asserting defects in implant system. In a two week trial before the New Jersey Superior Court, persuaded the jury to limit finding of the client's liability to approximately $3,500.
Counsel to an international manufacturer of knee replacements in the defense of a claim asserting that the device failed after surgery, causing injuries to plaintiff
a second knee replacement procedure. After discovery, successfully moved to preclude plaintiff's expert testimony,
thereafter obtained dismissal with prejudice from the New Jersey Superior Court.
Sports Law
Counsel to Otho Davis Scholarship Foundation, a non-profit entity that awards scholarships to Philadelphia area students engaged in the study of sports medicine
physical therapy.
Counsel to professional football player regarding his multi-million dollar disability insurance
retirement from professional football. Based upon the course of conduct recommended, client obtained full payment under his disability policy.
Counsel to professional football player stalked by fan
threatened by the fan's husb
. Based upon prompt action
the course of conduct recommended, the situation was quickly resolved with no further problems.
Counsel to nationally known professional football players with regard to fines assessed by the Commissioner of the National Football League (NFL), including h
ling appeals of fines to the Commissioner.
Representation of professional athletes on various other legal issues relating to their profession
post-career businesses.
