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Joseph Michael Cerra

Joseph Cerra’s Legal Cases

8 total

  • Triffin v. TD Banknorth, N.A., 190 N.J. 326 (2007)

    Practice Area:
    Appeals
    Outcome:
    Appellate ruling in favor of client affirmed.
    Description:
    Accepting the argument of the bank client, the New Jersey Supreme Court held in a case in first impression by a state high court that claims for the violation of the "midnight deadline" rule imposed by Section 4-302 of the Uniform Commercial Code were not assignable.
  • In re A.P. Diversified Technology Realty, Inc., 467 F.3d 337 (3rd Cir. 2006)

    Practice Area:
    Appeals
    Outcome:
    Lower court rulings adverse to client reversed.
    Description:
    The United States Court of Appeals for the Third Circuit accepted the arguments of the client, the Chapter 7 Trustee for A&P Diversified Technology Realty, Inc., that a secured lender had no claim for counsel fees against the Debtor's estate because, under the "merger doctrine," its mortgage rights were merged into the pre-petition foreclosure judgment and thereby extinguished.
  • Schrier Brothers v. Golub, 123 Fed.Appx. 484 (3rd Cir. 2005)

    Practice Area:
    Appeals
    Outcome:
    Reversed ruling of the District Court.
    Description:
    The United States Court of Appeals accepted the argument of the bank client that the employer should be held accountable for the check fraud of its agent due to the agent's control over the checks at issue within the meaning of Section 3-405 of the Uniform Commercial Code.
  • Readco, Inc., et al. v. Marine Midland Bank, N.A., 81 F.3d 295 (2d Cir. 1996)

    Practice Area:
    Appeals
    Outcome:
    Reversed District Court and Remanded For Trial
    Description:
    The Second Circuit reversed the judgment of the District Court and remanded for trial on client real estate developer's claim that bank defendant reneged on obligations under loan agreement.
  • United States of America v. Hundley, 858 F.2d 58 (2d Cir. 1988)

    Practice Area:
    Appeals
    Outcome:
    Dismissed government's appeal of sentence
    Description:
    The United States Court of Appeals for the Second Circuit dismissed the government's appeal of a favorable sentencing determination in favor of the defendant, holding that the government had no right to appeal the District Court's determination that the defendant was not subject to sentencing under the Armed Career Criminal Act.
  • Tufaro v. Schindler Elevator Corporation,2013 WL 845080 (NJ App. Div. 2013)

    Practice Area:
    Appeals
    Date:
    Mar 08, 2013
    Outcome:
    Judgment vacated and the matter remanded for new trial.
    Description:
    As Special Appellate Counsel,argued to vacate jury awards totaling $4.8 million against Schindler. Certification denied by the New Jersey Supreme Court.
  • Professional Solutions Financial Services v. Cregar, 2013 WL 709099 (NJ App Div. 2013)

    Practice Area:
    Appeals
    Date:
    Feb 28, 2013
    Outcome:
    Affirmed
    Description:
    Argued on appeal that the Court should affirm the trial court's ruling that it was bound by the Full Faith and Credit Clause to honor judgment of Iowa court. Defendant argued that the Iowa court lacked personal jurisdiction over him because the "floating jurisdiction" provision of the parties' agreement violated the public policy of New Jersey. Certification denied by the NJ Supreme Court.
  • Mayer v. Once Upon A Rose, Inc., 429 N.J.Super. 365, 58 A.3d 1221 (NJ App. Div. 2013)

    Practice Area:
    Appeals
    Date:
    Jan 30, 2013
    Outcome:
    Reversed, with Appellate Division agreeing that plaintiff's proofs adequately triggered an inference of negligence under the "res ipsa loquitur" doctrine
    Description:
    As Special Appellate Counsel, argued that the trial court erred by granting defendants' motion for a directed verdict.