Litigation

What to Know When Hiring a Home Improvement Contractor

Ansell Grimm November 15, 2013

Heather L. Garleb, Esq., an associate in the litigation department of Ansell Grimm & Aaron, P.C. recently had an article published in the November/December issue of the Monmouth County Woman magazine. In this article, Ms. Garleb addresses some of the things you should be knowledgeable about before hiring a contractor. To read more on What to Know When Hiring a Home Improvement Contractor, please click here.

The False Hope of Lost Profits Damages

Ansell Grimm October 1, 2013

Joshua S. Bauchner, Esq. recently published an article in the September 27, 2013 issue of the New York Law Journal entitled “The False Hope of Lost Profits.” Lost profits damages are frequently sought by clients who have suffered a business interruption due to another’s negligence or contractual breach. However, Courts often are reluctant to award such damages finding they are speculative and “icing” — they do not make the prospective plaintiff whole, but instead permit a surplus recovery in addition to compensatory or consequential damages. For these reasons, Courts have restricted lost profits damages requiring plaintiffs to demonstrate their loss with “reasonable certainty” and ensuring such losses are not recoverable under other theories or in other ways.

This article is intended to guide the practitioner through the pitfalls of lost profits damages and ensure the focus is on recovery, regardless of how it is characterized. As an initial matter, cases addressing lost profits distinguish between damages resulting from tortious conduct and those arising from a breach of contract. Although in both situations a plaintiff has the burden of proving lost profits with reasonable certainty, the underlying causes of action recommend separate treatment.

For full article click here.

Reprinted with permission from the September 27, 2013 edition of the “New York Law Journal.” © 2013 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. ALMReprints.com – 877-257-3382 – reprints@alm.com.

What You Don’t Know About Your Car Insurance May Hurt You

Ansell Grimm September 20, 2013

Kristine M. Bergman, Esq., an associate with the Firm, had an article published in the September/October Edition of The Monmouth County Woman‘s magazine titled “What You Don’t Know About Your Car Insurance May Hurt You”. In this article, Ms. Bergman covers “Verbal and Non-Verbal Threshold”, also known as, Limitation on Lawsuit option. To read the article in it’s entirety, please click here.

Shapiro Prevails Before New Jersey Supreme Court

Ansell Grimm July 10, 2013

Lawrence H. Shapiro, Esq., a Member of Ansell Grimm & Aaron, P.C., representing the Borough of Harvey Cedars achieved a landmark victory before the New Jersey Supreme Court in the case, Borough of Harvey Cedars v. Karan. By a 5-0 margin, the State’s highest Court overturned rulings by the Superior Court and Appellate Division in holding that evidence of the positive benefits from beach replenishment and dune construction shore protection projects should be considered by a jury in determining just compensation in partial takings cases. The decision marks a change in the law of the State which previously required a condemnor to demonstrate special benefits were received by a property owner in order to set off damages alleged to have been inflicted on property remaining after a partial taking; something that was never achieved in any reported decision in New Jersey. The decision in Karan creates a new standard by which such evidence should be presented to a jury.

The Supreme Court decision has been hailed as saving shore protection projects in the State due to the fact that even after Superstorm Sandy, many oceanfront property owners have refused to provide the easements necessary for the construction of protective dune and beach projects to begin, holding out for large payments for their easements. The Court’s ruling reversed a jury award to the Karan’s of $375,000 for the impact on their oceanfront view from a dune construction and beach replenishment project, and returns the matter to the trial court for a new trial in which the Borough will be able to present evidence of the benefits of the project, which it was previously prevented from doing.

Mr. Shapiro handled all aspects of the case including the jury trial, appeal, application to the Supreme Court and briefing and arguing the merits before that Court.

Read more at NY Times.com; NJ.com or APP.com.

View Supreme Court Oral Argument video here

Fending Off the Appointment of a Receiver

Ansell Grimm July 8, 2013

Joshua S. Bauchner, Esq. recently published an article in the July 1, 2013 edition of the New Jersey Law Journal entitled “Fending off the Appointment of a Receiver.” In today’s stressful economic climate, commercial property owners often are the victims of their tenant’s problems. While a national tenant may file for bankruptcy with the expectation of reorganizing under Chapter 11 of the Bankruptcy Code, the landlord is left having to service the mortgage without cash-flow from that tenant or any ability to commence an eviction or related action as a result of the automatic stay. 11 U.S.C. § 362. Sooner or later (likely sooner) the Landlord’s bank will come calling in the form of a foreclosure action.

While the defaults under the mortgage present their own challenges (the rapid accrual of default interest, late fees, and attorneys’ fees and costs), the likely first step in the foreclosure action will be a Motion to Appoint a Receiver; indeed, this requested relief often is sought contemporaneously with the filing of the foreclosure complaint. The motion will seek the appointment of a receiver simply to collect rents or, more often these days, to take full managerial and operational control over the property divesting the Landlord of all its rights and interests (though not, title, as of yet). This article details some defenses the Borrower (née Landlord) can assert to ward off the appointment. For full article click here

This article was originally published in the July 1, 2013 issue of the New Jersey Law Journal.

AGA Sues National Law Firm Alleging It Violated Former Client’s Rights

Ansell Grimm April 24, 2013

Law360, New York (February 19, 2013, 2:37 PM ET) — A former Ramius Securities LLC manager sued Willkie Farr & Gallagher LLP in New York state court on Friday, alleging the law firm disclosed privileged attorney-client communications to make him the fall guy in a Financial Industry Regulatory Authority investigation of the broker-dealer….

Please click here to read the article in its entirety.

Eminent Domain Seminar

Ansell Grimm April 11, 2013

Lawrence H. Shapiro, Esq., lead counsel for the Borough of Harvey Cedars in the matter of Harvey Cedars v. Karan currently pending before the New Jersey Supreme Court, will be a featured panelist at the National Business Institute (NBI) seminar “Eminent Domain from Start to Finish”. The seminar will be on June 3, 2013 and is being held at the Doubletree by Hilton Newark Airport. Should you wish to register, please contact NBI at 800-930-6182 or do so online at, www.nbi-sems.com.

Forum on Condemnation Issues at Monmouth University

Ansell Grimm April 11, 2013

Lawrence H. Shapiro, Esq., a condemnation attorney with ANSELL GRIMM & AARON, PC, will be a featured panelist at a Monmouth University Seminar, sponsored by the Kislak Real Estate Institute, on Wednesday, May 8^th. The panel will discuss the eminent domain case of The Borough of Harvey Cedars v. Karan which is currently pending before the New Jersey Supreme Court in which Mr. Shapiro represents the Petitioner, Borough of Harvey Cedars. The case is presently scheduled for oral argument on May 13^th or 14^th.

The case deals with the ability of a condemning authority to present evidence of the positive effects of a beach restoration and dune construction project that was constructed in the Borough before Super Storm Sandy struck and which saved oceanfront homes in the Borough, such as the Karan’s, from certain destruction.

The issue is one that has not been reviewed or addressed by the Court in over 100 years and in light of Sandy has implications for beach and dune projects throughout the State. In fact, the State of New Jersey’s application to appear as Amicus in the matter has been granted.

The panel also features former Chief Justice of the New Jersey Supreme Court, James Zazzali, Esq.

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