Litigation

Steering Suit Shines Light on Insurer Abuse

Ansell Grimm May 23, 2014

Joshua S. Bauchner, Esq., a Member of Ansell Grimm & Aaron, P.C., recently filed lawsuits in New York and New Jersey against insurance brokers and adjusters alleging violations of state “anti-steering” laws which forbid insurers and their agents from directing claimants to, or away from, a particular body repair shop. The Complaints include transcripts of recorded conversations between the plaintiffs’ customers and the defendants in which the defendants expressly refuse to do business with the plaintiffs and steer their customers away, causing significant lost business and other injury. For complete story, please see the article on page 18 of New Jersey Automotive.

The Pressure Is On: Insurer-Mandated Parts Procurement Hits Home

Ansell Grimm May 23, 2014

Joshua S. Bauchner, Esq., a Member of Ansell Grimm & Aaron, P.C., recently spoke on a panel at the Alliance of Automotive Service Providers Northeast Convention. The panel addressed the launch of PartsTrader, an online parts procurement system developed by State Farm, which will provide insurers with control over the pricing of parts. The program raises numerous concerns, including, as Bauchner commented, its impact on the safety and quality of the repairs. For complete story, please see the article on page 22 of New Jersey Automotive.

Hudson Lights Project, Fort Lee

Ansell Grimm May 21, 2014

Joshua S. Bauchner, Esq., a Member of Ansell Grimm & Aaron, P.C., recently filed a lawsuit against Tishman Construction Corp., Tucker Development, and A.G. Construction Corp. on behalf of the firm’s client, Riverfront Management and Consulting LLC, relating to the $1 billion mixed-use development Hudson Lights Project in Fort Lee, New Jersey. The suit alleges the defendants deceived Riverfront into funding $1.2 million in materials and construction expenses, for which payment remains outstanding. To read more on the subject, please click on Law 360 or North Jersey.com.

Appraisal Institute’s Annual Meeting

Ansell Grimm May 20, 2014

Larry Shapiro, Esq., a Member of Ansell Grimm & Aaron, P.C., recently spoke at the Appraisal Institute’s Annual meeting in Princeton on the impact of the Borough of Harvey Cedars vs. Karan Supreme Court decision. Mr. Shapiro commented upon the impact of the NJ Supreme Court’s landmark decision and how the change in the law enunciated by the Court impacted valuation issues in partial condemnation cases. He also spoke about the issue of beach access in the context of condemnation actions involving oceanfront property. Including, beach access; private beaches; use and enjoyment of the beach; the public trust doctrine and valuation of beach areas.

New Jersey Modernizes Partial Takings Compensation

Ansell Grimm December 17, 2013

In “New Jersey Modernizes Partial Takings Compensation,” published in the November 2013 issue of the American Planning Association’s Planning and Environmental Law Journal, Lawrence Shapiro and Heather Garleb analyze the New Jersey Supreme Court’s decision in Harvey Cedars v. Karan and the impact it will have on future condemnation cases.

Concluding that the Harvey Cedars v. Karan decision has brought the evidence that may be presented to a jury in line with what the law requires that jury to consider, Shapiro and Garleb analyzed New Jersey’s prior “special benefits” standard and its deficiencies. Post Karan, a jury will now hear and consider evidence of both the negative impact of a project on the remaining property and the positive impact of a project on that same remaining property.

Accordingly, now determinations of just compensation in partial takings cases will more accurately reflect the realities of the real estate market. In practice, this shift in the law will allow for fairer determinations in terms of awards to be paid for property taken by eminent domain, for both property owners and condemning authorities.

To read full article, please click here.

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.

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