Pel Property Development, LLC vs. Russell J. Maria and Paragon Construction, LLC
Sep 07, 2017
OUTCOME: Pel recovered a judgment against the defendants in the amount of $48,838.50
Maria and Paragon sued Pel for failing to pay $3000, the balance due on a home improvement contract. Pel counterclaimed for violation of the NJ Consumer Fraud Act. The Court granted Pel summary judgm...ent against Maria and Paragon and entered judgment against them in the amount of $48,838.50.
Criminal defense
State of New Jersey vs. Donald Kayhart
Dec 12, 2008
OUTCOME: New Trial Order By Judge
Defendant was arrested for assaulting and threatening his neighbor and possession of a weapon for an unlawful purpose. For 25 years before his arrest, he suffered from a bipolar disorder with periods ...of time in which he exhibited manic, psychotic and delusional behavior. Defendant’s trial counsel failed to discovery these facts, failed to raise the issue of defendant's competency or sanity, and permitted defendant to direct the strategy and defense of the case. After he was found guilty, defendant claimed that he had received ineffective assistance of trial counsel. At the hearing held to determine this issue, his treating psychiatrist testified that although defendant had an exceptionally high I.Q., because of his mental illness and his refusal to take medication, he was not competent to assist his trial counsel in defending himself during the trial. Accordingly, the trial judge found that the defendant had received ineffective assistance of trial counsel and ordered a new trial.
Litigation
Able Rent-A-Car, Inc. vs. Ravia Kalva
Dec 09, 2008
OUTCOME: Settled Able paid Kalva $25,000
KALVA rented ABLE's car and paid for "collision damage waiver", so that KALVA would not be responsible for any property damage to ABLE's rented car if there was an accident. After an accidnet that re...sulted in property damage to the car of $10,000, ABLE refused to honor its collision damage waiver becasue the police issued a moving violation to KALVA and the rental agreement permitted ABLE to void its "collision damage wiaver" if KALVA was issued a ticket or was driving the car unlawfully. So, when ABLE sued KALVA for $10,000, KALVA counter-sued for consumer fruad and was successful in defeating ABLE's claim for $10,000 and accepted $25,000 from ABLE for ABLE's violation of the New Jersey Consumer Fraud Act and payment of KALVA's attorney's fees.
DUI and DWI
State of New Jersey vs. Roger Berry
Aug 14, 2008
OUTCOME: Complaint Dismissed
Defendant blew of .24 when he was stopped and charged with DWI. The arresting officer, whose experience included only two (2) previous DWI arrests, used a Breathalyzer model 900/900A. The defense, u...tilizing two (2) experts, asserted that the defendant suffered from GERD and that the breath sample, instead of coming from the lungs, came from the stomach, accounting for the unusually high reading. Moreover, defendant's experts attacked the manner in which the arresting officer administered the breath tests, as well as his conclusions based on the officer's observations of the defendant at the time of arrest.
Litigation
Henry L. Smith vs. Ford Motor Credit Co & Ford Life Insurance Co
Jul 29, 2008
OUTCOME: Judgment for plaintiff in the amount of $65,000
Plaintiff, Smith, sued Ford Motor Credit Co. for damages when it repossessed his car. Smith had purchased a new Ford that was financed by defendant, Ford Motor Credit Co. In case of his disability, ...Smith's monthly car payments were insured by defendant, Ford Life Insurance Co. When Smith was hospitalized with serious injuries and did not pay his monthly car note, Ford Life Insurance Co. failed to pay the note, resulting in the repossession of Smith's car by Ford Motor Credit Co. The jury returned an award of compensatory and punitive damages totaling $65,000. The verdict was sustained on Ford's appeal.
Litigation
KNACK SYSTEMS, L.L.C, vs. BHARAT BHUSHAN
Dec 21, 2007
OUTCOME: Summary Judgment granted to Bharat Bhushan
Plaintiff, Knack, represented that it was a computer software developer and persuaded the defendant, Bharat Bhushan, a highly educated and trained computer programmer, to leave his home in India, trave...l to New Jersey, and enter an Employment Agreement to work for Knack in New Jersey. After arriving in New Jersey, Bhushan discovered that Knack was really a temporary help service firm that rented him to other software developers. After Bhushan resigned his position and went to work for the same software developer to whom Knack had assigned him, Knack sued to restrain Bhushan from working for Knack's client and for damages of over $150,000. When discovery at depositions revealed that Knack had violated state law by failing to register as a temporary help service firm, its complaint against the defendant for injunctive relief and money damages was dismissed with prejudice.
Litigation
Yilmaz Aksu vs. Ahmet Bolca
Jun 01, 2006
OUTCOME: Judgment for $87,500 & Return of Tools
Aksu, an auto mechanic, sued his former employer, Bolca, the owner and operator of a service station, when a dispute arose between them and Bolca seized Aksu's automotive tools valued at $50,000 and re...fused to return them. The Court ordered a return of the tools and entered a judgment against Bolca for $87,500 for unlawfully taking and detaining Aksu's tools.
Workers compensation
Katz vs. Howell Township
N/A
OUTCOME: !00 % disability affirmed on appeal
Building inspected declared 100% disabled and entitled to worker's compensation when an argument with his supervisor precipitated an attack of angina and eventually, open heart surgery