New Jersey Supreme Court Finds Coverage Under a Developer’s Commercial General Liability Policy for a Subcontractor’s Faulty Workmanship

August 5, 2016 | No Comments
Posted by Justin M. English

Co-authored by Timothy J. DeHaut, Esq. and Justin M. English, Esq.

On August 4, 2016, the New Jersey Supreme Court issued a unanimous decision in a case regarding insurance coverage that could have lasting impact on developers, contractors, and subcontractors.  In Cypress Point Condo. Ass’n v. Adria Towers, L.L.C., 2016 N.J. LEXIS 847 (Aug. 4, 2016), the Supreme Court ruled that under a property developer’s commercial general liability (“CGL”) insurance policy, a subcontractor’s faulty workmanship constituted “property damage” and the event resulting from that damage — water from rain flowing into the interior of the property — was an “occurrence” under the policy so the loss was covered.

The Cypress Point decision is practically and legally significant for all those who are involved in construction litigation and related insurance coverage cases. Read more


Three’s A Crowd: Dissociation Under New Jersey’s RULLCA

February 3, 2016 | No Comments
Posted by Matthew Fiorovanti

Friends get together to discuss a business idea.  The concept sounds great, and everyone anticipates a smooth ride to a successful business and lasting partnership.  The friends decide to form an LLC, but do not engage counsel or enter into a specific, detailed operating agreement, instead choosing a “template” after a Google search.    The partners do not consider what happens if things do not go as planned, since they are convinced that this will not be the case.  Unfortunately, while the business may become successful, the relationship among the partners may change for a host of unanticipated reasons.  When things go bad and disputes arise among members of an LLC, the members – quite often friends or even family members – are faced with how to resolve the dispute without destroying the business. Read more


GH&C Obtains Bench Trial Verdict In Favor Of Client In Dishonored Bank Drafts Litigation

January 22, 2016 | No Comments
Posted by Justin M. English

Justin M. English recently obtained a bench trial verdict in favor of a GH&C client (the “Client”) following a trial in Superior Court in Middlesex County, New Jersey. The Client was a major New Jersey provider of senior housing and supportive services who was sued by Robert J. Triffin (“Triffin”), a litigant who has filed thousands of lawsuits arising out of the practice of buying dishonored checks, becoming a holder in due course, and then commencing litigation in order to collect the proceeds of the check. In fact, since 2004 Triffin has filed more than 15,000 lawsuits as an assignee of dishonored checks in New Jersey courts alone. See Triffin v. Am. Intern. Grp., Inc., 372 N.J. Super. 517, 521 n.2 (Super. Ct. App. Div. 2004) (At oral argument on appeal, Triffin indicated having filed over 15,000 lawsuits as assignee of dishonored checks.).

To read the full article, please click here.

 


GH&C Obtains Dismissal Of Claim For Specific Performance Of Claimed $45 Million Contract

December 24, 2015 | No Comments
Posted by Michael Canning

Michael J. Canning, Esq. and Christopher J. Marino, Esq. recently obtained the dismissal of a claim for specific performance of an alleged contract for the sale of real property for the amount of $45 million.

For the full article, click here.


GH&C Obtains Summary Judgment In $9 Million Inadequate Security Case

December 24, 2015 | No Comments
Posted by Michael Canning

Michael J. Canning, Esq. and Matthew N. Fiorovanti, Esq. recently obtained the dismissal of a $9 million claim for inadequate security and premises liability against the firm’s client, Pilot Flying J, the largest operator of travel centers and travel plazas in North America.

For the full article, click here.


Giordano, Halleran & Ciesla Co-Cousel on $5.4 Million Judgment in Insurance Coverage Case

August 19, 2015 | No Comments
Posted by Michael Canning

Giordano, Halleran & Ciesla was co-counsel along with the Chicago law firms of Anderson + Wanca and Bock & Hatch, LLC in obtaining a judgment in the amount of $5,484,027 in an insurance coverage case in the Superior Court of New Jersey, Law Division, Monmouth County in a jury trial presided over by the Honorable Katie A. Gummer, J.S.C.

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GH&C Attorneys Win Music Industry Trademark Case

August 11, 2015 | No Comments
Posted by Christopher Marino

After a year-long battle, national touring and recording artist Dan Matthews and his American alternative rock band, “The Black Clouds,” can finally get their name back. Giordano, Halleran & Ciesla attorneys, led by Christopher J. Marino, Esq., succeeded in cancelling a nearly identical trademark registration obtained by a competing band.

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Municipal Engineer Is A “Public Employee” Entitled With Tort Claims Act Protections

October 21, 2014 | No Comments
Posted by Paul Schneider

The Appellate Division of New Jersey Superior Court recently decided a municipal engineer is a “public employee” afforded the protections of the Torts Claims Act, rather than an “independent contractor.”  As a result, the court dismissed a developer’s malpractice claim against the Township’s engineering firm.  The Torts Claims Act limits lawsuits against “public employees” but not “independent contractors.”

Remington & Vernick Engineers had a three-year “professional services” contract to serve as East Greenwich’s part-time municipal engineer.  The municipal engineer was paid on an hourly basis without the employer deductions or withholdings of the traditional employee.  Read more


GH&C Attorneys Prevail On Continuing Jurisdiction Of Zoning Board Of Adjustment

June 24, 2014 | No Comments
Posted by Paul Schneider

Adopting the arguments made by GH&C attorneys Paul H. Schneider and Steven P. Gouin, the Appellate Division of Superior Court held that with a bifurcated use variance application, a zoning board of adjustment has jurisdiction not only over the initial site plan application, but retains jurisdiction over subsequent site plan amendments that may occur years later.

For the full article, click here.


GH&C Successfully Represents New Jersey Accounting Firm Before The Third Circuit And Obtains Dismissal Of Case With Prejudice Based On Plaintiff’s Failure To File An Affidavit of Merit

May 19, 2014 | No Comments
Posted by Michael Canning

Giordano, Halleran & Ciesla, on behalf of its client, a New Jersey accounting firm, was recently successful in obtaining the affirmance of the dismissal of a complex professional malpractice action from the United States Court of Appeals for the Third Circuit. The litigation stemmed from a lender’s issuance of a $10 million loan to a New Jersey hospital. Prior to the closing of the loan, the hospital provided the plaintiff with a copy of an audit report prepared by the accounting firm for the hospital without the consent or the knowledge of the accounting firm. Shortly after the loan was issued, the hospital filed a Chapter 11 bankruptcy petition. In addition to asserting a claim against the hospital in the bankruptcy proceedings, in December 2008 the lender commenced an action against the accounting firm, claiming that there were misrepresentations in the audit report, which was allegedly relied upon by the plaintiff when it provided the loan. The lender filed its lawsuit in the United States District Court for the District of New Jersey based on diversity of citizenship of the parties.

To read the full article, click here.