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WINTER PATRICK J. ARRE JOINS CL&LWe are pleased to announce that Patrick J. Arre is joining the firm as a principal commencing January 16, 2008. Patrick obtained his Juris Doctorate from Southwestern University Law School and his undergraduate degree from Rutgers College. Pat, who was admitted to practice in 1981, is one of a select group of attorneys in the State with dual trial certification. He is Certified by the Supreme Court of New Jersey as a Civil Trial attorney and a Criminal Trial attorney. There are only 47 attorneys in the State of New Jersey who have attained dual certification. Pat is also qualified as a mediator under New Jersey Court Rule 1:40. * Chasan Leyner & Lamparello welcomes associates Mark S. Hanna and Joseph A. Lagana, to the firm. Mark and Joseph have joined the Insurance Defense Department. Prior to joining the firm, Mark was an Assistant Prosecutor for the County of Hudson, assigned to the Special Victims Unit, and Joseph was previously with the firm of Spinato Acquaviva Kane & Randazzo,LLC practicing in the areas of general litigation, criminal defense, chancery practice, and environmental matters.
* Chasan Leyner & Lamparello welcomes associates Ann M. Merritt and Michael A. Cassata, to the firm. Ann and Michael have joined the Insurance Defense Department, where Michael’s wife, Nicole Cassata, is also an associate. Ann was previously with the firm of Vasios, Kelly & Strollo, handling medical malpractice matters, and Michael was an assistant prosecutor in the Hudson County Prosecutor’s Office. * Ralph J. Lamparello has been re-appointed as a trustee of the New Jersey State Bar Foundation, an organization dedicated to providing free, law-related education programs for the public, from school children to senior citizens. In his capacity as Trustee, he is also serving as chair of the Foundation’s Investment Committee and Law Center Committee. Ralph is also the Hudson County Trustee to the New Jersey State Bar Association, where he serves as chair of the Judicial and Prosecutorial Appointments Committee. He is one of only a few attorneys in the state to be selected to simultaneously serve as a Trustee of both organizations. * The Hudson County Bar Association recently selected Mitzy Galis-Menendez to be a moderator of its television show, Legalities, a community service program on legal issues affecting the residents of Hudson County. The program is sponsored by the New Jersey State Bar Foundation and is broadcast on local cable television. * John L. Shahdanian II recently spoke at a seminar titled CEPA (Concientious Employee Protection Act) Update 2007, sponsored by the Institute for Continuing Legal Education. The seminar addressed the latest trends in Whistle Blowing, CEPA Protections and relevant case law. John handles employment and labor issues for municipalities, corporate and private clients of the firm.
FALL 2006
* CL&L welcomes Kirstin Bohn, Sara Jill Corcoran, Michael J. Cuellar and John J. Zidziunas, who joined the firm in September as Associates following the completion of their judicial clerkships in the Superior Court of New Jersey. Kirstin, who served as the law clerk to the Hon. Hector R. Velazquez, J.S.C., will practice general litigation. Sara was the law clerk to the Hon. Peter E. Doyne, J.S.C., and will focus on probate, land use, commercial and appellate matters. Michael, a law clerk to the Hon. Peter F. Bariso, Jr., J.S.C., will be assigned to matters involving our insurance carrier clients. John, who was the law clerk to the Hon. Barbara A. Curran, J.S.C., will represent clients in labor and employment matters. * New Jersey Monthly magazine named Mitzy Galis-Mendendez, Thomas A. Morrone, John L. Shahdanian II, and Michael D. Witt to its 2006 list of "Rising Stars," which recognizes New Jersey's outstanding young lawyers. "Rising Stars" are nominated by the magazine's "Super Lawyers," the top five percent of attorneys in the state, a group which includes Joel A. Leyner and Ralph J. Lamparello. To compile the list of Rising Stars, Super Lawyers nominate attorneys in New Jersey who are under age 40 or who have been practicing less than 10 years. Votes reflect the personal observations by Super Lawyers of Rising Stars in action. A separate attorney-led research team evaluates the candidates' credentials, a process which results in only 2.5 percent of the best up-and-coming attorneys being chosen. Identified by their main fields of practice, Mitzy was selected for general litigation; Tom for insurance defense - personal injury; John for employment law; and Michael for environmental law and land use regulation. * John L. Shahdanian, II has been appointed to serve as a Co-Chairperson of the Conscientious Employee Protection Act ("CEPA") Sub-Committee of the New Jersey State Bar Association Labor and Employment Law Section for the 2006-2007 term. CEPA, which is also known as the Whistleblower Act, protects individuals against retaliation by employers for disclosing improper practices by a business. John will conduct an educational seminar on related legal issues and lead other Sub-Committee functions as part of the Labor and Employment Law Section. * Anthony V. D'Elia obtained a $1.6 million verdict for the plaintiff in a medical malpractice action in Monmouth County after a two week jury trial. The plaintiff's wife died of a massive hemorrhage resulting from an aneurysm in her middle cerebral artery in April 2000. She had previously been treated at an urgent care facility in Shrewsbury, New Jersey with general complaints, including headaches. The attending physician diagnosed sinusitis, prescribed medication, and released the decedent. Within the next 48 hours, the plaintiff's wife fell into a coma and later died after various physicians at Monmouth Medical Center attempted complicated surgery. Anthony persuaded the jury that the urgent care physician misdiagnosed the decedent's complaints and failed to refer her to a neurologist to obtain an immediate CT scan, arguing that a correct diagnosis or the proper referral would likely have saved her life. * In Potente v. County of Hudson, et al., a case brought pursuant to the New Jersey Law Against Discrimination, Ralph J. Lamparello, successfully argued before the Supreme Court of the State of New Jersey that a disabled employee cannot refuse to cooperate with an employer's efforts to accommodate the disability and then claim failure to accommodate. Decided on June 6, 2006, the case involved claims by a former Hudson County employee who alleged that he was terminated because the County failed to reasonably accommodate his disability. The firm's representation of the County commenced after the Appellate Division had affirmed a trial verdict in the plaintiff's favor. The Supreme Court vacated the jury verdict and the assessment of counsel fees and interest, and remanded the matter for a new trial. Cindy N. Vogelman and John L. Shahdanian II prepared the Petition for Certification. * Thomas A. Morrone successfully defended a firm client in an automobile negligence case in the Superior Court of New Jersey, Hudson County, before the Honorable Barbara A. Curran. Even though the parties stipulated the defendant's liability for the accident and the plaintiff underwent a long course of therapy, including three epidural injections to his lumbar spine, after the accident. Tom persuasively asserted that the plaintiff failed to satisfy the Limitation on Lawsuit threshold. At trial, Tom presented a surveillance video showing the plaintiff at his physically demanding job, as well as expert testimony from an orthopedic surgeon who had examined the plaintiff. In view of this overwhelming evidence, the jury unanimously rejected the plaintiff's claims. * Thomas R. Kobin successfully defended the Union City Board of Education before the United States Court of Appeals for the Third Circuit. A former employee claimed he was not promoted and was terminated for discriminatory reasons and was subject to a hostile work environment. The Third Circuit upheld the trial court's dismissal of the plaintiff's case because he could not establish the necessary elements of his causes of action. * John M. Lago recently obtained successful results for a number of firm clients. He secured a work authorization card for an émigré from Cuba and provided counsel to another Cuban immigrant, resulting in her obtaining U.S. citizenship. In addition, John obtained a six-month extension on a visitor visa for a client from Colombia, as well as a replacement certificate of naturalization for a U.S citizen who had lost it years earlier. John also represented a client from Spain in the acquisition of a permanent resident card. * In a case of first impression in New Jersey, Jordan S. Friedman successfully defended a $3.5 million private sale of municipal land by the Township of North Bergen. Situated on the Hudson River waterfront, the parcel had been jointly owned by the Township and a private citizen for more than 30 years. The co-owner sold his one-half interest in the property to a developer seeking to build three high-rise condominium towers on the site. Subsequently, the Township sold its one-half interest in the property to the developer. Fearing that the new residences would block the river views of its members, a nearby homeowners association challenged the sale, claiming that it violated the Local Lands and Buildings Law. The Honorable Hector R. Velazquez, Superior of Court of New Jersey, Hudson County, upheld the sale on equitable grounds in light of the unique public-private ownership of the land which had perpetuated over four decades. HONORABLE JULIEN X. NEALS, CHIEF JUDGE, NEWARK MUNICIPAL COURTWith great pride, we witnessed our partner, Julien X. Neals, take the oath of office as Chief Judge of the City of Newark Municipal Court on September 5, 2006. Appointed to an initial three-year term, Judge Neals will oversee a staff of 10 full-time judges and 100 personnel, as well as the Court’s overall administration. Each year, the Court handles more than 400,000 cases, making it the largest municipal court in the State of New Jersey. Judge Neals leaves the firm with legacies of excellence in the performance of his duties, integrity, and having shown “kindness” to all, a characteristic specifically recalled during the ceremony by the Honorable Corey Booker, who is the Mayor of Newark, as a prominent reason for his selection of Judge Neals for the post. JOEL A. LEYNER AND RALPH J. LAMPARELLO HAVE BEEN HONORED AGAIN WITH SELECTION IN THE BEST LAWYERS® IN AMERICA AND NEW JERSEY SUPER LAWYERSJoel A. Leyner and Ralph J. Lamparello have been selected by their peers to be included in the upcoming 2007 edition of The Best Lawyers in America®. Joel was selected in the field of Business Litigation and Ralph in Labor and Employment Law. Inclusion in Best Lawyers® is regarded, by both the legal profession and the public, as the highest form of professional accolade. Best Lawyers® has been featured in national newspapers and magazines, including The New York Times, Forbes, and The Washington Post, and is the basis of more than 50 "Best Lawyers" features in regional newspapers and metropolitan magazines every year. Corporate Counsel magazine, which excerpts their lists regularly, calls Best Lawyers® "the most respected referral list of attorneys in practice." Inclusion in Best Lawyers® is based on an exhaustive and rigorous peer-review survey. Lawyers are not allowed a fee to be listed, and Best Lawyers® publishes an advertisement-free book each year to honor all those chosen -- something that no other survey does. The current edition of Best Lawyers® is based on 1.6 million confidential evaluations by only the top attorneys in the country. In addition, Best Lawyers® conducts extensive telephone interviews with leading attorneys throughout its balloting process. Joel and Ralph were also selected as New Jersey Super Lawyers in the April 2006 issue of New Jersey Monthly Magazine. The magazine cited Joel in the field of Business Litigation and Ralph in Employment Litigation. Their selection was the culmination of an exhaustive, four-stage selection process, which began last fall, in which 35,000 nomination ballots were mailed to New Jersey lawyers who have been licensed to practice for at least five years. JOHN P. BEIRNE JOINS CL&LWe are pleased to announce that John P. Beirne joined the firm as Of Counsel to Chair the Workers' Compensation Defense Department. John brings to the firm over 28 years of experience as a Workers' Compensation litigator. He began practicing law in 1977. In 1989, John left private practice to work as house counsel for the CIGNA Insurance Company, specializing exclusively in the defense of workers' compensation cases. In 1995, John returned to private practice, again specializing in the defense of workers' compensation claims. John obtained his undergraduate degree from St. Peter's College and his juris doctor degree from Seton Hall University School of Law. He served as a Commissioner in the Township of Lyndhurst from 1993 to 1997, overseeing the Department of Public Works. He presently sits on the Planning Board and Rent Leveling Boards in Lyndhurst, and serves as a member of his parish finance council. * The East Rutherford Board of Education unanimously reappointed Thomas R. Kobin as Board Counsel at its reorganization meeting held May 4, 2006. Tom has served as Board Counsel for the East Rutherford Board of Education since December 2004. * Chasan Leyner & Lamparello continued its proud tradition of supporting National Law Day on May 1, 2006. Mitzy Galis- Mendendez, John M. Lago and Michael D. Witt represented the firm at various Law Day events. Mitzy participated in a Mock Town Hall program in the Township of North Bergen in which high school students acted in various "mock" government positions in an effort to expose them to the work of local government and the decisions made by municipal officals every day. Mitzy, John, and Michael also participated in the "Legal Info Expo" sponsored by the Hudson Vicinage Advisory Committee on Minority Concerns. The program allowed the public to obtain answers to questions in a number of different legal areas. John discussed topics in Immigration Law, Mitzy provided information on Municipal Court matters, and Michael spoke about legal careers. Law Day was established in 1958 by President Dwight D. Eisenhower to strengthen our understanding of liberty, justice and equality under the law. * Ralph J. Lamparello was sworn in as a Trustee of the New Jersey State Bar Association on May 18, 2006 during the annual New Jersey State Bar Association Conference in Atlantic City. Ralph has the distinction of being one of only two attorneys in the state to be selected to simultaneously serve as a Trustee of the New Jersey State Bar Association and Trustee of the New Jersey State Bar Foundation. * On Monday, April 3, 2006, in a case of national interest, Ralph J. Lamparello and Michael D. Witt appeared before the Supreme Court of New Jersey for oral argument in I/M/O Petition of Michael G. Venezia. The case involves New Jersey's "Shield Law," which protects journalists from being compelled to answer questions about their sources and information obtained from those sources. The case arises from an article that appeared in The Record, a widely circulated northern New Jersey newspaper, containing defamatory statements about Michael Venezia, a former probationary police officer for the Borough of Leonia. The reporter who wrote the article refused to appear for a deposition regarding the defamatory statements in Mr. Venezia's civil action against the newspaper and the reporter, invoking the Shield Law's protections. Challenging the bounds of the Shield Law, Ralph argued that it should not apply in this case, as the reporter's sole claimed source -- the Mayor of Leonia -- denied making the defamatory remarks attributed to him in the article. Ralph further argued that the reporter waived any Shield Law privileges when he gave voluntary statements about the article to the Bergen County Prosecutor's Office and to counsel for the Borough of Leonia. Michael and Cindy N. Vogelman prepared the Petition for Certification and appellate briefs on Mr. Venezia's behalf. The reporter and The Record, were joined in their opposition to Mr. Venezia by several amici curiae, including the Associated Press, ABC, Inc., The New York Times, The Philadelphia Inquirer, and Gannett Company, publisher of USA Today and 91 other daily newspapers nationwide. The case was reported in the April 3, 2006 issue of The New Jersey Lawyer and The Star-Ledger on Tuesday April 4, 2006. * On February 14, 2006, Thomas R. Kobin successfully argued before the New Jersey Supreme Court in a political retaliation case filed against one of the firm's public entity clients. The plaintiffs claimed they were not promoted based on their political affiliation. Representing the lead defendant, Tom prevailed at both the trial level and before the New Jersey Superior Court, Appellate Division. Although the Supreme Court granted the plaintiffs' Petition for Certification and agreed to hear the case, it issued a decision dismissing the plaintiffs' case. * On March 6, 2006, Ralph J. Lamparello and John L. Shahdanian II appeared before the New Jersey Supreme Court for oral argument on behalf of the County of Hudson in Potente v. County of Hudson, et al. The case was brought by a former Hudson County employee, who alleged that he was terminated because of a disability in violation of the New Jersey Law Against Discrimination. The matter was assigned to Chasan Leyner after the Appellate Division had affirmed an adverse trial verdict against the County. Cindy N. Vogelman and John L. Shahdanian II prepared the successful Petition for Certification. At oral argument, Ralph J. Lamparello argued two distinct issues; namely: (1) whether plaintiff was entitled to a directed verdict by the trial court based on the allegation of failure to accommodate; and (2) the appropriateness of an award of prejudgment interest against a public entity in a Law Against Discrimination case. As is its custom, the Supreme Court reserved decision after hearing oral argument. * Joseph B. O'Toole obtained a verdict in Joseph et al. v. Kerr in favor of an Allstate insured following a three-day trial in the Superior Court of New Jersey, Bergen County. The parties stipulated liability and the matter was tried on the issue of the three plaintiffs' damages. Two of the plaintiffs were subject to the Lawsuit Threshold, while the third plaintiff was subject to the zero tort threshold. The jury returned a unanimous verdict in favor of the defendant on the two Lawsuit Threshold cases and awarded the third plaintiff $5,000, which was less than the settlement offer made to the plaintiff prior to trial. * John V. Mallon and Antonietta Vitale achieved a Summary Judgment in the Superior Court of New Jersey, Hunterdon County, on behalf of Allstate New Jersey Insurance Company in a Declaratory Judgment action in which Allstate's insured sought insurance coverage under his homeowner's liability policy for claims brought against him in a lawsuit arising from a fight. The Court ruled that the intentional acts exclusion of the insurance policy with Allstate barred coverage and dismissed the action against Allstate. * Cindy N. Vogelman and John V. Mallon successfully defended an appeal filed by the wife of a contractor who was killed as a result of a flash fire at the client's house. The contractor had been hired to refinish the defendant's hardwood floors. The combination of the floor laquer, improper ventilation and an operating pilot light on a kitchen stove led to the fire. The plaintiff argued that the homeowners had a duty to warn the contractor of the danger created by the lit pilot light. The Appellate Judges agreed that the homeowners had no duty to the contractor to warn of dangers inherent to the work he was performing and affirmed the trial court's dismissal. * Thomas R. Kobin and Mitzy Galis-Menendez successfully defended the Township of North Bergen against an appeal filed by a property owner who failed to pay property taxes for over 12 years. The State of New Jersey filed a condemnation action against the defendant property owner seeking to acquire a portion of his property. The State deposited $150,000 with the court as compensation for the taking, and the defendant filed a Motion to release the funds. In opposition to the Motion, Tom and Mitzy argued that the defendant was disqualified from receiving any of the money because of his longstanding tax delinquency. The trial court agreed with North Bergen's position and denied the Motion, a decision which was upheld on appeal. * Mitzy Galis-Menendez obtained an acquittal before the Hon. Nino Falcone, J.M.C. on behalf of a client charged with simple assault as well as a conviction against the cross-complainant for assault. Mitzy was able to demonstrate that a verbal altercation escalated and that the cross-complainant attempted to assault the client. * Joseph B. O'Toole successfully defended an Allstate insured in a three-day trial in the Superior Court of New Jersey, Passaic County. The jury deliberated for 10 minutes before reaching a unanimous verdict in favor of the defendant. Plaintiff, who was subject to the Lawsuit Threshold, alleged that he suffered cervical bulges, a lumbar herniation and annular tear as a result of the accident. The jury determined that the plaintiff did not sustain a permanent injury as a result of the subject motor vehicle accident. * Ralph J. Lamparello has been re-appointed Trustee of the New Jersey State Bar Foundation, an organization dedicated to promoting law-related education and giving all New Jersey residents a basic understanding of the legal system. The New Jersey State Bar Foundation is the educational and philanthropic arm of the New Jersey State Bar Association. The Bar Foundation's mission is to promote public understanding of the law through a free, comprehensive public education program. * On Monday, April 3, 2006, Ralph J. Lamparello and Michael D. Witt appeared before the Supreme Court of New Jersey for oral argument in I/M/O Petition of Michael G. Venezia. The case involves New Jersey’s “Shield Law”, which protects journalists from being compelled to answer questions about their sources and information obtained from those sources. The case arises from an article that appeared in The Record, a widely circulated northern New Jersey newspaper, in which defamatory statements appeared about firm client Michael Venezia, a former probationary police officer for the Borough of Leonia, New Jersey. The reporter who wrote the article refused to appear for a deposition regarding the defamatory statements, claiming that the Shield Law protected him from having his testimony compelled. Ralph argued that the Shield Law should not apply in this case as the reporter’s sole claimed source – the Mayor of Leonia – denied ever providing the reporter with the defamatory information attributed to him in the article. Ralph further argued that the reporter waived any privilege he may have had under the Shield Law when he gave voluntary statements regarding the article to the Bergen County Prosecutor’s Office and to counsel for the Borough of Leonia. Michael and Cindy N. Vogelman prepared the briefs. Respondents, the reporter and The Record, were joined in their opposition of Venezia's Petition by several amici curiae, including the Associated Press, ABC, Inc., The New York Times, The Philadelphia Inquirer, and Gannett Company, publisher of USA Today and 91 other daily newspapers nationwide. The case was reported in the April 3, 2006 issue of The New Jersey Lawyer and The Star-Ledger on Tuesday April 4, 2006. * Ralph J. Lamparello has been selected by his peers to be included in the upcoming 2007 edition of The Best Lawyers in America® in the specialties of Labor and Employment Law. * New Jersey Monthly Magazine selected Joel A. Leyner and Ralph J. Lamparello as New Jersey Super Lawyers in 2006. The magazine cited Joel in the field of Business Litigation and Ralph in Employment Litigation. Their selection was the culmination of an exhaustive, four-stage selection process, which began last fall, in which 35,000 nomination ballots were mailed to New Jersey lawyers who have been licensed to practice for at least five years. The ballot asked lawyers to nominate the best lawyers they have personally observed in action. Joel and Ralph were among the mere five percent of lawyers statewide to be honored with this designation.
* In September 2005, Arthur N. D’Italia, counsel to the firm, was appointed by the Chief Justice of the New Jersey Supreme Court to chair a Working Group on IOLTA and Financial Institutions. The Working Group included representatives of the Executive, Legislative, and Judicial branches of government, including the New Jersey Director of Banking. The Working Group was charged with examining objections made by the Legislature and Department of Banking and Insurance to a standard established by the Supreme Court for approving banks to be used as depositaries of certain attorney trust funds (IOLTA accounts). The dispute centered on interest rates to be paid on IOLTA accounts, which last year resulted in an average balance of $2.5 billion statewide. The Working Group developed a series of recommendations to the Supreme Court intended to address the interests of all parties, including financial institutions and practicing attorneys. The recommendations were recently adopted by the Supreme Court and have been accepted by major financial institutions throughout the State without objection. Mr. D’Italia, was the Assignment Judge of the Superior Court of New Jersey (Hudson County) until his retirement in August 2004. * Ralph J. Lamparello was honored with his selection as one of 19 attorneys from the State of New Jersey nominated to be included within Who’s Who Legal: USA – Management Labour & Employment 2006. The research by the International Who’s Who of Business Lawyers resulted in the selection of 510 lawyers in 49 states who are considered leaders in the field of management labor and employment law. * Steven L. Menaker was approved as a Certified Civil Trial Attorney by the New Jersey Supreme Court. Steven joins Ralph Lamparello as one of only 50 attorneys, out of more than 80,000 attorneys in New Jersey with the distinction of holding dual board certification as both a certified civil trial attorney and a certified criminal trial attorney. The New Jersey Supreme Court awards the designation of Certified Trial Attorney to those lawyers who have demonstrated sufficient levels of experience, education, knowledge and skill in trial practice based upon standards set forth by the Court, peer review and a day-long written examination. A Certified Attorney is more than just an attorney who specializes in a particular area of law. A Certified Attorney must have: * Martindale-Hubbell has awarded its highest peer review rating for ethical standards and legal ability to Cindy Nan Vogelman. Other members of the firm with the "AV" distinction include Joel Leyner, Ralph Lamparello, Robert Kaye, John Mallon, and Steven Menaker. The firm has also been awarded an "AV" designation by Martindale-Hubbell. * John L. Shahdanian was recently appointed as a member of the Seton Hall University School of Law Alumni Council, which supervises and administers the affairs of the Seton Hall University School of Law Alumni Association. The purposes of the Alumni Council include engaging alumni in the Law School Community, supporting recruitment efforts of prospective students, and promoting career opportunities for current students. * On November 9, 2005, the New Jersey Supreme Court granted a Petition for Certification on behalf of Michael G. Venezia in In the Matter of Michael G. Venezia. The underlying case involves claims of defamation and violation of civil rights based on comments about Mr. Venezia in a newspaper article published by The Bergen Record. Although the trial court granted Mr. Venezia’s motion to take the deposition of the reporter who wrote the article, the Appellate Division, in an unpublished opinion, vacated the trial court’s order for the deposition. In a free press case which the New Jersey Law Journal reports, “will provide a teaching tool for lawyers who represent people who produce news,” the Supreme Court will rule on whether a reporter has a privilege pursuant to the New Jersey “Shield Law” to refuse a deposition taken regarding information obtained during the newsgathering process where the reporter subsequently discloses that information outside of the newsgathering process. Michael D. Witt prepared the Petition for Certification. * Former Assignment Judge, Arthur N. D’Italia, now counsel to the firm, was recently appointed by the Superior Court of New Jersey to manage, and ultimately to try, a lawsuit brought by Southern New Jersey Rail Group against New Jersey Transit Corporation. The plaintiff in the case constructed a light rail system running from Camden to Trenton. Southern New Jersey Rail Group, which consists of a joint venture between Bechtel Corporation and Bombardier, is seeking damages in excess of $150 million. New Jersey Transit has counterclaimed for $56 million. The parties have already exchanged more than 6 million documents and anticipate a trial beginning in June 2006. The parties selected Mr. D’Italia to serve as Special Master pursuant to a court rule that permits such assignments to be made if approved by the Assignment Judge of the County where the action is brought. The appointment was approved by the Essex County Assignment Judge. * John V. Mallon successfully defended an Allstate insured during a three day trial in Hudson County. The plaintiff had previously filed a personal injury lawsuit for severe neck injuries in a much publicized "Air Rage" case but claimed new injuries to the low back and jaw as a result of the accident with our client. John initially won Summary Judgment for the defendant, but due to a change in the verbal threshold law, the case was remanded for trial. At the conclusion of the case, the jury determined that plaintiff did not sustain any injuries in the automobile accident. * On November 7, 2005 the United States Court of Appeals for the Third Circuit created precedent in Party City v. Celebrations, et al., in which the Court interpreted the Computer Fraud and Abuse Act ("CFAA") for the first time. The CFAA is a federal criminal statute which grants civil remedies and is designed to prevent cyber crimes such as computer hacking and virus spreading. Party City attempted to obtain an injunction closing the business of its competitor, Celebrations, by claiming violations of the CFAA. The Third Circuit affirmed the New Jersey Federal District Court's decision denying Party City's application and found no evidence of wrongdoing on the part of the alleged hacker. Peter L. MacIsaac, who represented the defendant charged with hacking, prepared the briefs and successfully argued the case before the Federal District Court for the State of New Jersey and the Third Circuit. The Court's decision is available online at http://caselaw.lp.findlaw.com/data2/circs/3rd/044254p.pdf. * Our firm assisted North Hudson Regional Fire & Rescue avoid a potential lawsuit based upon a claimant's allegations that he sustained personal injuries and emotional distress due to a purportedly negligent rescue from his burning home. The claimant failed to timely file a notice of tort claim and filed a motion seeking the Court's permission to file a late notice on the ground that his injuries prevented him from meeting the deadline imposed by the New Jersey Tort Claims Act. An investigation revealed, however, that the claimant had sought public office and submitted paperwork with the Federal Election Commission on two occasions during the period of his claimed incapacity. The Court denied the motion, relying upon NHRFR’s argument that the claimant's candidacy and related campaigning undercut the logic and credibility of his argument. Michael A. Oppici wrote the brief in opposition to the motion and Walter H. Schneider argued the matter in Court. * Joseph B. O’Toole obtained a verdict in favor of an Allstate insured following a three-day trial in the Superior Court of New Jersey, Bergen County. The plaintiff’s Board Certified radiologist testified to the presence of three cervical disc bulges and a lumbar herniation. Joe countered with evidence that plaintiff’s MRI did not reveal abnormalities, thereby forcing plaintiff’s claims to fall below the Lawsuit Threshold. Joe also demonstrated plaintiff’s comparative negligence, even though the defendant made a left turn into plaintiff’s lane. The jury returned a verdict in the defendant’s favor, first finding that plaintiff was 25 percent responsible for the accident but also that plaintiff’s injuries were not permanent. * Thomas R. Kobin successfully defended the Union City Board of Education against a former employee's complaint that the Board discriminated against him based on his disability in violation of the Law Against Discrimination. The Complaint was filed with the State of New Jersey, Department of Law and Public Safety, Division of Civil Rights. The Division concluded that the Board provided the employee with reasonable accommodation as required by law, and that there was no probable cause to support the allegations. * John V. Mallon successfully defended NJM Insurance Co. in the Superior Court of New Jersey, Hudson County, against a lawsuit by a policyholder pursuing the denial of an auto theft claim. The case involved issues of insurance fraud and material misrepresentation. The jury concluded that NJM's coverage denial was warranted. * Joseph B. O’Toole successfully defended an Allstate insured in a liability trial in the Superior Court of New Jersey, Passaic County. Although defendant collided with the rear of plaintiff’s car, Joe demonstrated that plaintiff made a sudden and unexpected lane change in order to avoid another vehicle. The jury determined defendant was not responsible for the accident. * On December 15, 2005, Michael A. Oppici achieved a dismissal with prejudice on behalf of North Hudson Regional Fire & Rescue ("NHRFR") in the Superior Court of New Jersey, Hudson County. Plaintiff, an on-duty Captain , was rendering assistance to a stabbing victim when a wound on his hand became exposed to the victim’s blood. It was later discovered that the victim was HIV positive. Plaintiff alleged that NHRFR was liable for his emotional distress resulting from NHRFR's failure to follow procedures for exposure to blood borne pathogens. The plaintiff also asserted violations of New Jersey's CEPA and LAD statutes due to NHRFR's purported retaliation and harassment against him for complaining about NHRFR's failure to adhere to such procedures. Responding favorably to Michael's arguments that the plaintiff's negligence claim was subject to the exclusivity provisions of the NJ Workers' Compensation Act and no evidence of harassment or retaliation existed, the Court dismissed the Complaint with prejudice. * Thomas A. Morrone, representing an Allstate New Jersey Insurance Company insured, received a favorable award in a Personal Injury Protection (PIP) arbitration. The award took into account a defense for insurance companies whose policies include an internal appeals process for physicians disputing the denial of payment of PIP benefits. Tom argued that the physician should not be permitted to seek payment of medical bills against Allstate until after he exhausted Alltate's appeals process. Accordingly, the arbitrator dismissed the physician’s premature demand for payment. * Mitzy Galis-Menendez won an acquittal before the Honorable Hector M. Rodriguez, of the Jersey City Municipal Court for a client charged with assault. Mitzy was able to demonstrate that the complainant filed a false police report and concocted the charge in order to secure an advantage in an on-going domestic relations case between the parties. * A. John Blake successfully defended a motorist in a three-day trial in the Superior Court of New Jersey, Hudson County, against claims of personal injury, including herniated cervical and lumbar discs. The plaintiff allegedly sustained his injuries while backing out of his driveway and was hit by the defendant, who was attempting to get to a parking spot in reverse. John demonstrated that plaintiff had a pre-existing injury, having undergone a lumbar discectomy in 1998. Although the jury found the defendant to be 74% liable, it awarded no damages to plaintiff. This case was reported in the January 2006 edition of VerdictSearch New Jersey. * Joseph B. O’Toole obtained a verdict in favor of a New Jersey Manufacturer’s insured following a three-day trial in the Superior Court of New Jersey, Hudson County. The parties stipulated liability but contested damages. Joe demonstrated that plaintiff’s injuries did not satisfy the requirements of the Lawsuit Threshold. The jury unanimously decided that plaintiff did not suffer from a permanent injury as a result of the accident and returned a verdict in favor of the defendant. * Robert Kaye was invited to lead a breakfast roundtable discussion at the October 2005 International Council of Shopping Centers (ICSC) U.S. Law Conference in Scottsdale, Arizona. The conference is attended annually by approximately 1,500 attorneys engaged in all facets of the shopping center industry. Bob maintains a nationwide transactional practice of which his landlord and tenant shopping center clients are a part. * Joel Leyner was again selected by his peers as one of "The New York Area's Best Lawyers," which was published in the August 2005 issue of New York Magazine. Recognized for his work in the field of commercial litigation, the list is excerpted from the upcoming 2006 edition of "The Best Lawyers in America." * On September 1, 2005, the Hon. Maurice J. Gallipoli, A.J.S.C., appointed John Lago to the Hudson County Advisory Committee on Minority Concerns. The Committee advises Judge Gallipoli on the needs of the minority community in Hudson County and makes recommendations for carrying out its initiatives. Current issues include access to the courts, participation in the legal system, and reducing the number of incarcerated minority children. John's selection is attributable to his expertise handling a host of immigration related issues, including family-based petitions, visas, and naturalizations.
* On October 13, 2005, Ralph Lamparello appeared on the Court TV program Trial Heat, providing legal commentary in the matter of Florida v. Dame. Defendant Dame was on trial for manslaughter in the death of his wife of 28 years. The allegation was that he pushed his wife off a hotel balcony as they were celebrating their 28th wedding anniversary. Ralph regularly appears as a guest analyst on Court TV. * Diana Balasis recently joined the New Jersey Institute for Continuing Legal Education (ICLE) as Seminar Consultant. In that capacity, she will develop programs in various areas of law, including attorney ethics, legal technology, and E-Commerce, as well as those geared toward newly admitted attorneys and paralegals. * At the invitation of its organizers, Robert Kaye led a breakfast roundtable discussion at the October 2005 International Council of Shopping Centers (ICSC) U.S. Law Conference in Scottsdale, Arizona. The conference is attended annually by approximately 1,500 attorneys engaged in all facets of the shopping center industry. Bob maintains a nationwide transactional practice of which his landlord and tenant shopping center clients are a part. * On September 14, 2005, Julien Neals performed in "A Celebration of Lawyers in the Arts, An Evening of Legal Vaudeville," sponsored by the New Jersey Law Journal and held at the New Jersey Performing Arts Center in Newark, New Jersey. The program showcased the non-legal talents of lawyers from across New Jersey. Julien sang lead vocals and played bass with his group, "Nick Pablo Thang," the evening's closing act. * On October 20, 2005, the New Jersey Supreme Court granted a Petition for Certification on behalf of the County of Hudson in Potente v. County of Hudson, a case involving a claim of wrongful discharge based on disability under the New Jersey Law Against Discrimination. The trial court granted a directed verdict as to liability in the plaintiff's favor, and the jury awarded $250,000. The trial court also awarded prejudgment interest and attorney's fees to the plaintiff. In a reported opinion, the Appellate Division affirmed the trial court's determinations. John L. Shahdanian II prepared the Petition for Certification. * On September 26, 2005, the Superior Court of New Jersey, Appellate Division, affirmed a judgment of $2,499,224 in the matter of Castellani v Kadar, a medical malpractice case (the medical negligence was the failure to timely diagnose and treat diverticulitis which resulted in a permanent colostomy) tried during May 2003 in Monmouth County by Joel Leyner, who also presented the successful appellate argument. The plaintiff's brief was authored by Steven Menaker. * Walter Schneider successfully defended a NJM insured during a three-day, personal injury jury trial in the Superior Court of New Jersey, Law Division, Hudson County. The parties stipulated as to the defendant's liability and disputed the permanency of the plaintiff's injuries only. The plaintiff provided certified interrogatory answers denying the existence of prior accidents, injuries, and legal actions. Certain pre-trial discovery Walter specifically requested, however, disclosed that the plaintiff had injured the same body parts, although differently, in an earlier accident which resulted in medical treatment and a worker's compensation claim. During cross-examination, Walter undermined the plaintiff's veracity, as well as that of his medical expert's report which excluded any references to the prior incident, with records about the event revealed in discovery. The jury unanimously concluded that the plaintiff failed to demonstrate he suffered a permanent injury and, thus, awarded no damages. * On September 27, 2005, the Merit System Board (the "MSB") ruled in Hugh Bell v. County of Hudson that a terminated public employee who does not seek substitute employment or otherwise mitigate his damages is not entitled to money damages. Following his dismissal in 1999, Mr. Bell appealed the work action to the Office of Administrative Law, but did not succeed at trial. The MSB reduced the termination to a six-month suspension, however, thereby subjecting the defendant to a potentially substantial back-pay and benefits award. John Shahdanian II and Michael Oppici convinced the MSB otherwise, given that Mr. Bell permitted his damages to go unabated. * On August 17, 2005, Donna Sova achieved a dismissal with prejudice on behalf of the North Hudson Regional Fire & Rescue ("NHRFR") following trial before the Hon. Bradley W. Henson, Sr., in the Workers Compensation Court in Toms River, New Jersey. The plaintiff, a firefighter with NHRFR, alleged occupational hearing loss due to exposure to sirens, engines, and bells. At the close of the cross-examination of the plaintiff, the Court ruled in NHRFR's favor, finding that the plaintiff failed to sustain his burden of proof. * In a per curiam decision, a three judge panel of the Superior Court of New Jersey, Appellate Division, affirmed the trial court's grant of summary judgment in the matter of Edward Scannavino v. Township of North Bergen, et als. In Scannavino, the plaintiff alleged that the Township of North Bergen, Mayor Nicholas J. Sacco and several North Bergen police officers violated his constitutional rights when he was removed from Town Hall for disrupting a public meeting of the Township of North Bergen Council. In its decision, the Appellate Davison held that the North Bergen Police were merely attempting to maintain order at the meeting and, thus, no cause of action could be sustained against the defendants. The matter was briefed and argued by John Shahdanian II with the assistance of Michael Oppici. * On August 19, 2005, following an eight-day trial in the Superior Court of New Jersey, Chancery Division, Bergen County, Joel Leyner obtained a $530,000 judgment on behalf of a client against a former boyfriend, who, after she ended their relationship, anonymously mailed Christmas cards containing sexually explicit photographs of her to her family, friends, neighbors, and business clients. Responding to Joel's closing argument; the Court determined that the severe emotional distress suffered by the plaintiff required "an appropriately severe monetary punishment" of the defendant. Peter MacIsaac aided Joel during the trial. * Tom Morrone achieved a directed verdict at trial in the Superior Court of New Jersey, Hudson County, in favor of a defendant dog owner who was sued after his dog allegedly attacked the plaintiff. At the conclusion of the plaintiff's case, Tom moved for dismissal, arguing that the plaintiff had failed to demonstrate, as a matter of law, that the defendant's dog had a history of dangerous propensities, a prerequisite to a finding of negligence. The Court agreed, and the Hon. Hector Velazquez, J.S.C., dismissed the case with prejudice.
* We are pleased to announce that Diana L. Balasis has become Of Counsel to our firm. Diana will concentrate her practice in Employment Law including conducting Anti-Discrimination Training and consultation for the firm's private and public sector clients. She will also perform Alternative Dispute Resolutions. * We are pleased to announce that the Town of Guttenberg appointed our firm as Special Counsel effective May 23, 2005. * On June 30, 2005, Thomas Kobin was reappointed Board Attorney for the East Rutherford Board of Education. Tom was originally appointed to the position in December 2004, in place of our former partner Peter F. Bariso, Jr., who was appointed Judge of the Superior Court of New Jersey. * Michael D'Anton, Ph.D., an attorney with our firm and a licensed psychologist, taught the Forensic Psychology course at the College of Saint Elizabeth during their first summer session. He will also teach a class entitled Legal Policy & Regulatory Issues in the Saint Elizabeth Graduate Health Management Program this fall. * Ralph Lamparello has been reappointed to the Board of Trustees of the New Jersey State Bar Foundation for the 2005 - 2006 term. The law related educational programs provided by the Foundation are exemplary and annually reach thousands of New Jerseyans from senior citizens to elementary school students. Of the 23 legal and lay members of the Board of Trustees, Ralph is the only representative from the County of Hudson. * The Office of Attorney Ethics of the Supreme Court of New Jersey appointed Mitzy Galis-Menendez to the Hudson County Ethics Committee for a four-year term commencing September 1, 2005. During their term, the attorney members investigate and prosecute complaints of unethical conduct against attorneys who practice in the vicinage. In addition, attorney members sit on hearing panels to adjudicate the charges of unethical conduct. * John Shahdanian II was a speaker at a recent seminar presented to attorneys by the Hudson Inn of Court on the appropriate handling of the initial complaint in an employment case. John handles employment and labor matters for the firm's private and public entity clients. * Ralph Lamparello appeared on Court TV on May 26, 2005, on the program Open Court, hosted by Fred Graham. Ralph provided analysis and commentary on the FL v. Cloyd and Hughes case, which dealt with the felony trial of two America West Airline pilots who were indicted for operating an aircraft (carrying 187 passengers) while intoxicated. Ralph also appeared on Court TV on June 30, 2005, on the program Both Sides, as a guest analyst during the sentencing of 16-year old Sarah Johnson, who was convicted of murdering her parents in Idaho v. Johnson. Ralph had previously provided live commentary on the program during Johnson's trial. * John Shahdanian II was selected to be a member of the Program Committee for the Sidney Reitman Inn of Court, the first American Inn of Court devoted exclusively to Labor and Employment Law advocacy. The only one of its kind, the Inn brings together lawyers in private practice, those representing state and federal government and labor unions, and representatives of the agencies charged with enforcing the substantive law that is the Inn's focus. The Inn concentrates on all aspects of labor and employment law from the perspectives of management, plaintiffs, unions and governmental agencies. * APPELLATE DIVISION EXPANDS DISCOVERY IN SPECIAL CIVIL PART. In a personal injury action featured in the May 2, 2005 Case Digests section of the New Jersey Law Journal, Cindy Nan Vogelman successfully argued before the Superior Court of New Jersey, Appellate Division, that defendants in civil cases in the Special Civil Part are entitled to discovery from plaintiffs. The Appellate Division's decision reverses an earlier decision by the trial court denying the defendant in Kellam v. Feliciano the opportunity to depose or have an independent medical examination ("IME") of the plaintiff performed. Citing principles of fundamental fairness in its ruling, the Appellate Division instructed the trial court to order the plaintiff to answer Form A Interrogatories, submit to an IME, or be deposed. Cindy prepared the appellate brief with Nicole Chhabria. * On May 11, 2005, the Supreme Court of the State of New Jersey affirmed the dismissal of the plaintiff's civil rights Complaint against the City of Jersey City and the City of Jersey City Police Department in JoAnne Rivers v. City of Jersey City, et al. Members of the Police Department's Narcotics Unit were alleged to have violated plaintiff's constitutional rights when they arrested her on weapons and narcotics charges. John Shahdanian II and Michael Oppici prepared the briefs and argued the respective Motions before the trial, Appellate and Supreme Courts. The Supreme Court later denied plaintiff's Petition for Certification. * Thomas Kobin successfully defended the Union City Board of Education against a discrimination claim filed by a former employee in United States District Court for the District of New Jersey. After extensive discovery, Tom obtained summary judgment before trial, which resulted in the dismissal of the case in its entirety. In its decision, the District Court found that the Board of Education did not discriminate against the employee. * John Mallon represented Allstate Insurance Company during a three day trial in Passaic County that concluded on May 12, 2005. The plaintiff filed a declaratory judgment action against Allstate seeking coverage under his homeowner policy for a physical altercation. John successfully argued that coverage was barred under the intentional acts exclusion of the policy. * Michael D'Anton obtained a judgment in the amount of $191,102.05 on behalf of the County of Hudson, where the defendant failed to complete construction of the Hudson County Parks Administration and Recreation Building at Lincoln Park. * John Lago obtained a unamimous verdict in Celi v. Perez in favor of the defendant following a three-day trial in the Superior Court of New Jersey, Essex County. Even though the plaintiff alleged numerous back injuries following a car accident, the jury deliberated for a mere 11 minutes before returning its verdict. This quick result is even more stunning, given the recent decisions in Serrano v. Serrano and DiProspero v. Penn in which the New Jersey Supreme Court redefined the Limitation on Lawsuit Threshold applicable to auto accident cases. The rulings made it easier for a plaintiffs to meet the burdens of proving damages as they now only have to demonstrate the permanency of their injuries, and no longer need to show their injuries resulted in a serious impact on life. * Mitzy Galiz-Menendez filed and successfully argued a motion to dismiss a complaint filed with the School Ethics Commission against the Union City Board of Education and its members. The Board and its members prevailed as a result of Mitzy's demonstration to the Commission that the petitioner failed to prove that any ethics violations had occurred. * The New Jersey Supreme Court recently denied the plaintiff's Petition for Certification in the matter of David Eisenhauer v. Township of North Bergen, et al. This matter involved a former North Bergen Police Sergeant who was terminated for his failure to advise the North Bergen Police Department that he was engaging in outside employment as an investigator for various law firms. Plaintiff claimed that he was terminated in violation of public policy; however, his claims were dismissed by the trial court on summary judgment. The New Jersey Appellate Division affirmed the trial court's ruling in November of 2004, and plaintiff filed his Petition for Certification to the New Jersey Supreme Court. John Shahdanian II represented the Township. * Robert Cappuzzo prevailed in the defense of two Personal Injury Protection (PIP) cases, which were submitted for arbitration before the National Arbitration Forum (NAF). In the first case, the claimant underwent a controversial procedure called a Manipulation Under Anesthesia (MUA), and sought the reimbursement of medical bills totaling more than $32,000. Relying upon the expert testimony of a chiropractor, Rob persuaded the arbitrator that the MUAs were not medically necessary, and the arbitrator denied all claims. In the second matter, Rob again utilized a chiropractor's expert testimony, as well as a peer review prepared by an orthopedic surgeon, to rebut the medical necessity of treating two claimants with MUAs. The NAF arbitrator found that the MUAs were unnecessary, and denied more than $38,000 in MUA and MUA-related charges. The firm's clients were NJM and Allstate, respectively. * Walter Schneider successfully defended an Allstate insured driver in a four day jury trial in the Superior Court of New Jersey, Bergen County. Although the parties stipulated as to liability, damages and their magnitude was contested. Walt argued that the plaintiff's injuries were degenerative and not traumatic in nature, and that the treatments given to the plaintiff were unnecessary. The jury unanimously decided that the plaintiff did not prove that the defendant's negligence was a proximate cause of the alleged injuries. * Thomas Kobin successfully defended the North Hudson Regional Fire and Rescue, on appeal against civil rights and political retaliation claims filed by firefighters who were not promoted by the department. The case was initially dismissed before trial by way of summary judgement. The Superior Court of New Jersey, Appellate Division, upheld the dismissal, finding that the plaintiffs could not establish that they were not promoted for political reasons. * In a four day jury trial in the Hudson County Superior Court, Walter Schneider represented a New Jersey Manufacturers insured, defending claims that our client caused the plaintiff injuries that hampered his ability to walk and attend to his regular, pre-accident activities. The case was complicated by the fact that the plaintiff underwent a hip replacement surgery after the accident. Although the plaintiff claimed that the surgery and difficulty walking resulted from the accident, Walt argued that the plaintiff could not support his claim, as medical records showed otherwise. The jury unanimously decided that the plaintiff did not prove the defendant's negligence was a proximate cause of a permanent injury. * Chasan United, a firm sponsored soccer team, participated in a 32-team, overnight tournament at Giants Stadium on June 24-25, 2005, to benefit the American Cancer Society. Team members included partner Julien Neals, and associates Tom Morrone, Joe O'Toole, Peter MacIsaac, Michael Witt, Jordan Friedman, and John Lago, who served as team captain. Numerous members of the CLL family, including staff, relatives, and friends, formed the contingent of a supportive rooting section.
* Ralph Lamparello appeared on Court TV on May 26, 2005, on the program Open Court, hosted by Fred Graham. Mr. Lamparello provided analysis and commentary on the FL v. Cloyd and Hughes case, which dealt with the felony trial of two America West Airline pilots who were indicted for operating an aircraft carrying 187 passengers while intoxicated. * New Jersey Monthly named Joel A. Leyner and Ralph J. Lamparello as New Jersey Super Lawyers in its May 2005 issue. The magazine cited Joel in the field of Business Litigation and Ralph in Employment Litigation. Their selection was the culmination of an exhaustive, four-stage selection process, which began last fall, in which 35,000 nomination ballots were mailed to New Jersey lawyers who have been licensed to practice for at least five years. Joel and Ralph were among the mere five percent of lawyers statewide to be honored with this designation. * APPELLATE DIVISION EXPANDS DISCOVERY IN SPECIAL CIVIL PART. In a personal injury action featured in the May 2, 2005 Case Digests section of the New Jersey Law Journal, Cindy Nan Vogelman successfully argued before the Superior Court of New Jersey, Appellate Division, that defendants in civil cases in the Special Civil Part are entitled to discovery from plaintiffs. The Appellate Division's decision reverses an earlier decision by the trial court denying the defendant in Kellam v. Feliciano the opportunity to depose or have an independent medical examination ("IME") of the plaintiff performed. Citing principles of fundamental fairness in its ruling, the Appellate Division has instructed the trial court to order the plaintiff to answer Form A Interrogatories, submit to an IME, or be deposed. Cindy prepared the appellate brief with Nicole R. Chhabria. * John Mallon represented Allstate Insurance Company during a three day trial in Passaic County that concluded on May 12, 2005. The plaintiff filed a declaratory judgment action against Allstate seeking coverage under his homeowner policy for a physical altercation. John successfully argued that coverage was barred by the intentional acts exclusion of the policy. * Ralph Lamparello has been reappointed to the Board of Trustees of the New Jersey State Bar Foundation for the 2005 - 2006 term. The law related educational programs provided by the Foundation are exemplary and annually reach thousands of New Jerseyans from senior citizens to elementary school students. Of the 23 legal and lay members of the Board of Trustees, Ralph is the only representative from the County of Hudson. * Michael D’Anton obtained a judgment in the amount of $191,102.05 on behalf of the County of Hudson, where the defendant failed to complete construction of the Hudson County Parks Administration and Recreation Building at Lincoln Park. * An employee of the Union City Board of Education filed a complaint with the School Ethics Commission alleging that the Board members violated the School Ethics Act. Mitzy Galiz-Menendez filed and won a motion to dismiss the complaint. Following the filing of a motion prepared by Mitzy, the Ethics Commission dismissed the complaint against all Board members when the petitioner failed to show specific policy violations. * The New Jersey Supreme Court recently denied the plaintiff's Petition for Certification in the matter of David Eisenhauer v. Township of North Bergen, et al. This matter involved a former North Bergen Police Sergeant who was terminated for his failure to advise the North Bergen Police Department that he was engaging in outside employment as an investigator for various law firms. Plaintiff claimed that he was terminated in violation of public policy, however, his claims were dismissed by the trial court on summary judgment. The New Jersey Appellate Division affirmed the trial court's ruling in November of 2004 and plaintiff filed his Petition for Certification to the New Jersey Supreme Court. John Shahdanian II represented the Township. * We are pleased to announce A. John Blake has become Of Counsel to the firm commencing May 2, 2005. John is a well-known Hudson County attorney, admitted to practice in 1967. He was a Senior Staff Attorney of the Office of Henry Buchman for more than twenty years representing the insured of Hartford Ins., Co. John's practice has encompassed areas of litigation including medical and dental malpractice, products liability, automobile and other personal injury matters.
* On February 1, 2005, John Shahdanian II became a principal of the firm. John began his career as an associate at the firm, after completion of a judicial clerkship with the Hon. Thomas P. Olivieri and the Hon. Barbara A. Curran. John will continue to concentrate his practice in the field of labor and employment law. * Julien Neals has been appointed to the Supreme Court Committee on Model Civil Jury Charges for its 2004-2006 term. This committee is charged with reviewing, updating and amending and/or preparing jury charges, the controlling law presented to the jury at the end of trials. They must make certain jury charges remain current with the state of the law. * Ralph Lamparello appeared on Court TV on February 22, 2005, on the program Open Court. Mr. Lamparello provided analysis and commentary on the Idaho v. Johnson murder prosecution. Sarah Marie Johnson, a sixteen year old, was charged with first degree murder in the fatal shooting of both her parents. * Michael D’Anton, who is also a licensed psychologist, conducted a presentation for our attorneys on determining the qualifications of purported experts and the diagnostic criteria and appropriate treatment modalities for claimants diagnosed with Post Traumatic Stress Disorder and Closed Head Injuries. * Thomas Kobin was appointed Board Attorney for the East Rutherford Board of Education on December 16, 2004. Tom succeeded the firm's former partner, Peter F. Bariso, Jr., who had represented the East Rutherford Board of Education for 20 years, and who was appointed Judge of the Superior Court of New Jersey in December. In addition to the East Rutherford Board of Education, Chasan Leyner & Lamparello, PC represents the Union City Board of Education and the Clifton Board of Education. * On February 23, 2005, Ralph Lamparello was a lecturer at a seminar titled Employment Litigation Skills held at the New Jersey Law Center in New Brunswick. The program was offered by the American Bar Association’s Section of Labor and Employment Law and was co-sponsored by the New Jersey Institute for Continuing Legal Education (ICLE) and the New Jersey State Bar Association’s Labor and Employment Section. * The firm’s Director of Administration, Sara Diaz, recently earned certification as a Professional in Human Resources. The certification, awarded by the Human Resource Certification Institute, signifies the individual possesses the theoretical knowledge and practice experience in human resource management necessary to pass a rigorous examination. * With great pride and honor, we announce that Peter F. Bariso, Jr. has been appointed as Judge of the Superior Court of New Jersey. Acting Governor Richard J. Codey nominated Peter on December 6, 2004. The New Jersey State Senate advised on and consented to the nomination on December 13, 2004. The Administration of the Oath of Office is scheduled for January 7, 2005. * Ralph Lamparello has been appointed to the Supreme Court of New Jersey Civil Practice Committee for the 2004 - 2006 term. This prestigious appointment joins Ralph with judges and attorneys throughout the State who are charged with making recommendations to the Supreme Court of New Jersey on the rules governing the practice and procedure of New Jersey courts. * Julien Neals has been appointed to the Supreme Court Committee on Model Civil Jury Charges for its 2004-2006 term. * We welcome Michael D. Witt to the firm. Michael has extensive experience in commercial litigation and environmental law. He will concentrate his practice in the areas of environmental law, appellate litigation and regulatory matters. * Robert Cappuzzo was a speaker at the New Jersey Defense Association's Educational Seminar held at the Woodbridge Hilton on November 23, 2004. Rob presented a seminar addressing recent changes in the PIP arbitration procedures, as well as defense strategies for diagnostic testing cases. * Ralph Lamparello appeared on Court TV on November 16, 2004, on the program Both Sides. Ralph provided analysis and commentary on the Michigan v. Watts murder prosecution. Coral Eugene Watts, a self-proclaimed serial killer, was charged with first degree murder which occurred 25 years ago in Ferndale, MI. Ralph also appeared on Court TV on September 8 and December 9, 2004, on the programs Trial Heat and Open Court. He provided analysis and commentary on the California v. Scott Peterson murder prosecution and death penalty phase. * Jordan Friedman was one of three presenters on the topic of Letters of Intent for purchases of assets of businesses at the October meeting of the Hudson-Bergen Inn of Transactional Counsel. * CLBL welcomes two new associates, Nicole R. Chhabria and Peter L. MacIsaac. Ms. Chhabria was with the Hudson County Prosecutor's Office before joining our firm and served a judicial clerkship with the Hon. Carmen Messano, J.S.C. She joins the firm's Litigation Department. Mr. MacIsaac was admitted in 2000. He was an intern with the Hon. Peter F. Boggia, J.S.C. He joins our medical malpractice, business and chancery law groups. * Ralph Lamparello was re-appointed as a Trustee of the New Jersey State Bar Foundation. The Foundation is the educational and philanthropic arm of the New Jersey State Bar Association. The Bar Foundation's mission is to promote public understanding of the law through a free, comprehensive public education program. * Joel Leyner has been elevated to Diplomate, the highest rank for trial lawyers, by the American Board of Trial Advocates (ABOTA). ABOTA is dedicated to elevating the standards of integrity, honor and courtesy in the legal profession and preserving the right to trial by jury in civil cases. * Cindy Nan Vogelman has been appointed as a member of the Supreme Court of New Jersey District VI Fee Arbitration Committee for a 4-year term effective September 1, 2004. This is the second time that Ms. Vogelman has been asked to serve on the Fee Arbitration Committee. She previously served from 1994 through 1998, and chaired the Committee from 1996 through 1998. * Ralph Lamparello appeared on Court TV on June 30, 2004, providing legal commentary in the matter of CA v. Scott Peterson, a murder case in which a husband is accused of murdering his wife and unborn child. Mr. Lamparello appeared on the program Both Sides.
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