Litigation

AGA Represents Client Taken Advantage of by Her Divorce Attorney

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

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

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

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 & 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 & 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.

Brian Ansell, Pam Mulligan expand roles with County Bar Associations

On May 26th AGA Partner Brian E. Ansell will be installed as First Vice President of the Monmouth County Bar Association. AGA Counsel Pamela A. Mulligan will be installed as President of the Burlington County Bar Foundation and as Treasurer of the Burlington County Bar Association on June 3rd.

Mr. Ansell, based in the firm’s Ocean Township office, has been very active with the Monmouth County Bar Association and has been a trustee since 2008 and officer of the Monmouth County Bar Association since 2012. Mr. Ansell focuses his practice in the areas of personal injury, medical malpractice, criminal defense, municipal court, DWI defense, as well as general civil, criminal and chancery litigation including litigation related to wills and estates. Mr. Ansell is Chair of the Civil Practice, Judicial Appointments and Municipal Court Committees and has served on multiple other committees throughout his tenure with the Monmouth County Bar Association. Mr. Ansell’s installation will take place at the Oyster Point Hotel in Red Bank, New Jersey.

Ms. Mulligan currently serves as Secretary for the Burlington County Bar Association and Treasurer of the Burlington County Bar Foundation and has been active with the Burlington County Bar Association and Foundation since 2007. In 2011 Ms. Mulligan was awarded the Robert W. Criscuolo Award from the Burlington County Bar Association for her contributions to the Association and to the Community. Ms. Mulligan is currently the Chair of the Corporate Networking Committee and a member of the Due Diligence, Debtor/Creditor/Bankruptcy, Budget & Finance, CLE, and Women in the Profession Committees. Ms. Mulligan was previously co-chair of the Debtor/Creditor/Bankruptcy and Young Lawyers Committees. She has presented CLEs for the Bar Association on the topics of Bankruptcy and Foreclosure and has moderated other seminars for the Bar Association. Ms. Mulligan focuses her practice in the areas of real estate, creditors’ rights, bankruptcy and intellectual property limited to copyright and trademark. Ms. Mulligan’s installation will take place at Kings Grant Community Center in Marlton, New Jersey.

Mr. Ansell may be reached via email at bea@62q.f7d.myftpupload.com or via his direct line at 732-643-5230.

Ms. Mulligan may be reached via email at pam@62q.f7d.myftpupload.com or via her direct line at 609-557-1045

 

Wiechnik to Share Construction Defect Litigation Expertise

Mark M. Wiechnik, a partner in Ansell Grimm & Aaron, P.C.’s community association practice group, will be a featured speaker at the National Business Institute’s May 3 seminar on Construction Defect Litigation at the Holiday Inn, Princeton, 100 Independence Way. Mr. Wiechnik will be speaking about what is covered and what is not covered by insurance policies, including the debates currently taking place regarding how insurance coverage is affected by building codes and standards, warranties and the Magnuson-Moss and Miller Acts.

To register for the seminar please visit the NBI website at: Construction Defect Litigation from A to Z. Attendance at the seminar satisfies state-mandated continuing legal education requirements for New Jersey and Pennsylvania. The seminar runs from 9 a.m. to 4:30 p.m. with a 1 hour lunch break at noon.

Peers recognize quality work of AGA Attorneys

Four AGA lawyers have been named to the 2016 New Jersey Super Lawyers list and two AGA lawyers have been named to the 2016 New Jersey Rising Stars List.*

The AGA 2016 Super Lawyers are:

  • Allison Ansell Ryan, a partner with the firm and Chair of the AGA Family Law Department, has been named as a Family Law Super Lawyer for the past decade.
  • Mitchell J. Ansell, a partner with the firm and Chair of the AGA Criminal Defense Department, has been named as a Super Lawyer in Criminal Defense for over a decade.
  • Robert A. Honecker, Jr., a partner with the firm and member of the Criminal Defense Department, has been named as a Criminal Defense Super Lawyer numerous times.
  • Mark M. Wiechnik, a partner with the firm and a member of AGA’s Community Association Practice Group, has previously been named a New Jersey Rising Star in Construction Litigation and this year has been named a Super Lawyer in the same practice area.

The AGA 2016 Rising Stars are:

  • Jay B. Feldman, an associate with the firm and a member of AGA’s Litigation and Bankruptcy Departments, has been a Rising Star in the Bankruptcy: Business practice area for two years.
  • Richard B. Linderman, a partner with the firm and a member of AGA’s Community Association Practice Group, has been named a Rising Star for the past seven years in the Real Estate practice area.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. Michael V. Benedetto, Managing Partner of AGA, stated, “We are proud of our attorneys who achieved this honor from Super Lawyers. It is a special honor to have received the recognition from peers.”

For more than 85 years, AGA has grown to represent clients throughout the tristate area via offices in Ocean, New Jersey, Woodland Park, New Jersey, White Plains, New York, Princeton, New Jersey, and Newtown, Pennsylvania. 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, please contact Michael V. Benedetto, Esquire at 732-643-5216 or via email at mvb@62q.f7d.myftpupload.com

 


*No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the American Bar Association. Any reference to Super Lawyers or Rising Stars is not intended to suggest that our attorneys are superior to other attorneys.

The above is for informational purposes only and does not constitute legal advice. Transmission of the materials and information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship.