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    GH&C's Commercial Litigation Department Successful Representation Report: February 2012

    February 15, 2012

    February 15, 2012 - Red Bank, NJ - Giordano, Halleran & Ciesla, P.C.’s Commercial Litigation Department is pleased to report the following recent results achieved for our clients:

    • We successfully obtained the dismissal of a lawsuit in which we represented an attorney who was sued for legal malpractice for alleged negligence in the representation of his client in a bankruptcy proceeding which plaintiff claimed resulted in his losing four McDonald’s franchises he owned. Judge Thomas Sumners, sitting in the Superior Court, Law Division, Mercer County, granted summary judgment in favor of our client, dismissing plaintiff’s complaint in which he sought in excess of $12 million in damages. After successfully defending the case on appeal, in which the Appellate Division affirmed our client’s summary judgment, the New Jersey Supreme Court on January 13, 2012 denied plaintiff’s petition for certification. The decisions by the courts provided full vindication to our clients, with the New Jersey Supreme Court upholding the dismissal of all claims against our clients. Michael Canning and Matt Fiorovanti were the GH&C attorneys who handled the case.
    • On February 5, 2012, GH&C attorneys Sean Regan and Don Campbell attended a very rare emergent Saturday hearing before Judge Thomas Cavanagh, the Chancery Division judge in Monmouth County. Judge Cavanagh graciously agreed to conduct the emergent hearing on a Saturday to prevent our client’s restaurant from being shut down as a result of certain actions taken by the defendant. As a result of the emergent hearing, our client was able to remain open for one of the busiest weekends of the year (including Super Bowl Sunday).
    • On January 24, 2012 Michael Canning appeared before Judge Honora Kilgallen in the Superior Court, Law Division, Monmouth County and argued a motion for summary judgment on behalf of our client, an attorney who was sued for legal malpractice for allegedly failing to timely pursue a professional malpractice claim on behalf of his client. Judge Kilgallen granted our motion for summary judgment, accepting our arguments that our client owed no legal duty to the third party defendant who sued our client (another attorney), breached no duty if any was owed, and was not the proximate cause of any damage caused to the plaintiff. As a result of the efforts of GH&C’s litigation team, which included a convincing summary judgment brief written by Matt Fiorovanti, all claims against our client were dismissed.
    • On December 9, 2011 the New Jersey Superior Court in the matter of Penn National Insurance Co., Inc. v. Group C. Communications, Inc. denied a petition for certification filed by plaintiff, Penn National Insurance Co. This action involved an insurance coverage dispute, in which we represented the defendant Group C who was insured by Penn National under a general liability policy. Group C sought coverage under its insurance policy for a class action filed against it in federal court in Illinois for alleged violation of a federal statute which prevents blast faxing. Cross motions for summary judgment were filed in which the motion judge granted Penn National’s motion for summary judgment and ruled that there was no coverage for the claims. GH&C appealed the ruling to the Appellate Division and successfully obtained a reversal in which the Appellate Division remanded the matter back to the trial court. The denial of the petition for certification by the New Jersey Superior Court allows our client to pursue its coverage claim as well as its claim for bad faith. Michael Canning and Matt Fiorovanti are the GH&C attorneys handing the case.

    Tags: Sean Regan, Don Campbell, Michael Canning, Matt Fiorovanti, Litigation

    Posted in: Litigation