COURT REJECTS AUTOMATIC APPLICATION OF “TIME OF FILING” RULE IN BUILDER’S REMEDY LITIGATION

December 15, 2016 | No Comments
Posted by Paul Schneider

Developers who bring builder’s remedy lawsuits under New Jersey’s Mount Laurel doctrine often cite the so-called “time of filing” rule.  The contention is that in determining whether a municipality is compliant with its affordable housing obligations, the court must base its decision on the zoning ordinances in effect at the time the developer initially filed its lawsuit, and disregard actions the municipality may have taken to achieve compliance after the lawsuit was filed.  The time of filing rule finds support in earlier cases such as Toll Brothers, Inc. vs. Township of West Windsor, and Mt. Olive Complex v. Township of Mt. Olive.

In a December 14, 2016 decision, the Appellate Division of Superior Court rejected the automatic application of the time of filing rule.  In Hollyview Development Corporation I vs. Township of Upper Deerfield, the developer filed its lawsuit in 1998.  For several years, Hollyview did little to actively pursue the case.  In 2013, Hollyview filed a motion for summary judgment, relying, in part, on the claim that the Township was not compliant with its affordable housing obligations back in 1998, when the case was filed.  The Township claimed that in deciding the motion, the court should consider what the Township had done in the interim to provide affordable housing.  Hollyview was unable to show that the Township had taken these actions as a result of Hollyview’s lawsuit. Read more


Employee Theft

October 6, 2016 | No Comments
Posted by Sean Regan

If your employee steals customers’ checks received for payment, what do you do? Fire her. Call the police. Then call your insurer. You should have employee fidelity coverage. After that, call your lawyer. Someone may have to pay you back other than the fired employee and your insurer.

That someone is the bank that cashed the checks for the employee that stole the customers’ payments. Recently, Sean E. Regan, Esq. of Giordano, Halleran & Ciesla, P.C. was able to recover over $300,000 from the depository bank when an employee stole customer payments from her employer, fraudulently endorsed the employer’s name, and deposited them into her personal bank account. Another $100,000 was recovered from the CGL insurer based upon the rider insuring against employee theft. 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.

To read the full article please click here.


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.

To read the full article, click here.


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.