John is active runner and is aware of the perils that joggers and pedestrians face these days, especially as incidents of distracted drivers increase with the use of cell phone and motorists texting while driving. John was quoted in a Runner’s World Magazine article concerning runner safety. Some of John’s recent race results are below:
2001 NYC Marathon = 4:04:03
2010 New Jersey Marathon = 4:20:10
2010 Philadelphia Marathon = 3:56:29
2011 Philadelphia Marathon = 3:48:15
2012 Glen Ridge / Ashenfelter 8K = 40:29
In 2009, Mr. Burke was co-counsel with the Locks Law Firm who filed a Class Action law suit on behalf of a policyholder and a class of 21st Century standard automobile policyholders who purchased automobile liability policies with PIP medical expense coverage limits of less than $250,000. The matter was approved for final settlement on July 16, 2012 by the Hon. Jerome Simandle, USDC. As a result of this lawsuit, Defendants’ had instituted changes in their policies and practices with regard to obtaining Coverage Selection Forms from their insureds, and had taken remedial steps by reforming policies up to $250,000 in PIP coverage where PIP claims where open. Defendants changed practices regarding obtaining CSFs during renewal of existing policyholders where PIP coverage was indicated at less than $250,000. As a result of Plaintiff’s lawsuit, 21st Century reformed PIP coverage in 4,298 active policies to $250,000 (the majority which were previously set at $15,000), thereby providing approximately $1.1 billion in additional PIP coverage under such policies to New Jersey motorists In addition, regarding actual claims filed, as a result of this lawsuit, 21st Century reformed PIP coverage to $250,000 in 561 “open” claim files thereby affording such claimants over $100 million in additional potential PIP coverage for their claims.
Mr. Burke has successfully represented more than seventy homeowners in predatory lending cases against national banks, mortgage brokers and others. In some of the cases, homeowners were given false documents about the terms of their mortgages and misleading promises. Mr. Burke has pursued claims under the Federal Truth-in-Lending Act, and New Jersey’s Consumer Fraud Act among other laws.
Recently, Mr. Burke recovered $475,000. for the family of a prisoner who died while in custody. The family claimed that the prisoner who had serious health problems was negligently transported causing him to fall and sustain serious internal injuries. The family claimed that the law enforcement personnel denied the prisoner adequate medical care, which caused his death. The defendants denied any wrongdoing, but settled the case before trial.
Mr. Burke obtained a $750,000. settlement for a nineteen year old woman who was significantly injured in a motor vehicle accident. The young lady sustained herniated discs in her lower back and in her neck and a jaw (TMJ) injury. She underwent back surgery about two years after the accident as well as arthroscopic surgery for her jaw. The insurance carrier for the other driver contested that her injuries were related to the motor vehicle accident. The case arbitrated for the said amount which was paid by the insurance company.
Mr. Burke settled a case for a young woman who sustained a broken ankle in a motor vehicle accident when another driver cut her off causing her to crash into a guardrail. The other driver fled the scene of the accident. The young woman was taken to the hospital and underwent surgery inserting screws and a plate in her ankle. After the accident, she developed a pulmonary embolism which required her to take blood thinner medication for about eighteen months. The driver of the other vehicle denied that he was involved in the accident and claimed that he was not even in the area at the time. His insurance company offered no money to settle the case before the lawsuit was filed and stood by their insured’s version of the accident. Our firm’s investigator tracked down a witness who saw the accident. Mr. Burke conducted a videotaped deposition of that witness thus preserving it for trial. Mr. burke then obtained EZ-Pass records of the Defendant driver which showed that he was in the area around the time of the accident. The case settled a week before trial for $247,500. which was paid by the insurance company which initially offered no money.
Mr. Burke won a jury verdict for an injured client, a United States Marshall Officer, who fell and sustained a non-displaced broken ankle while transporting a prisoner through a parking lot. We contended that the owner negligently maintained the area of the parking lot where Plaintiff fell on an uneven surface. The Plaintiff wore a cast for six weeks and then underwent physical therapy to help rehabilitate the ankle. Evidence was presented at trial that the injuries impeded the Plaintiff from engaging in rigorous physical activity, including special training in the United States Army Reserve. The jury award him $48,400.
Mr. Burke has successfully won trials in the Chancery Court defending home owners facing foreclosure with the end goal of allowing homeowners to keep their homes.
Languages spoken: English, Spanish
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|Attorney/Partner||Koles, Burke & Bustillo, LLP||2002 - Present|
|Association name||Position name||Duration|
|New Jersey Association for Justice||Member||1998 - Present|
|Association of Trial Lawyers of America||Member||N/A|
|Hudson County Inn of Court||Barrister||N/A|
|West Hudson Bar Association||Professionalism Committee||N/A|
|Hudson County Bar Association||Trustee||2006 - 2009|
|Seton Hall University School of Law||Law||JD - Juris Doctor||1997|
|Saint Peter's College||English||BA - Bachelor of Arts||1993|
|2L/3L Mediation Course||Mediation||2012|
|American Association for Justice||Legal Fee Shifting under NJ Consumer Fraud Act||2009|
|American Association for Justice||Predatory Lending Claims & Consumer Fraud Claims Against Mortgage Brokers and Banks||2009|