Thom Velto v. Dewey Electronics Corporation, Superior Court of New Jersey, Law Division #BER-L-5184-11

The court held that my client was able to pursue state law contract and negligence claims against his employer for the payment of long term disability benefits, and denied the company's claim of ERISA preemption with respect to these claims.

Connor v. PNC Corp. (D .N. J) Civil Action No. 1140-09 Decided April 24, 2011

This is an important decision. The court held that a Plan Administrator needed new medical information to terminate payment, that it must provide a rational for not following a Social Securit disability decision, and that it must give meaningful advice as to how to perfect one's appeal to the carrier.

ASCENCEA, L.L.C., successor in interest to Affiliated Mortgage Protection, L.L.C. (Plaintiff) v. Randall J. Zisook, et al (Defendants)

In this matter the court agreed that Ascencea lacked standing as a successor corporation and granted our motion for summary judgment dismissing the complaint which had sought to enforce non-competition agreements that the Defendants had signed.

Gail A. Connor v. PNC Corp. and Affiliates Long Term Disability Plan

This is an important decision in that the court expanded the right to engage in discovery beyond the administrative record in an ERISA long term disability action in the event of a conflict of interest. It allowed me to learn how many times the insurance company's doctor found in favor of the insurance company rather than the claimant, and in how many medical specialities he has provided expert opinion.the

Brogdon v. Sungard (D. N.J.) Motion to dismiss complaint brought by 19 employees for payment of severance benefits was defeated.

Annette Engel (Plaintiff) v. Jefferson Pilot Financial (Defendant)

The District Court reversed the decision of the Plan Administrator and found that the claimant had in fact established that she was disabled as result of the chronic fatigue syndrome, and ordered the payment of her long term disability benefits.

Stuart Weiss v. The Prudential Insurance Company of America (D.N.J. 5121-05)

The District Court granted our motion for summary judgment awarding long term disability benefits to Mr. Weiss. In a published opinion the Court held that it was arbitrary and capricious for the Plan Administrator not to actually consider his regular occupation rather than how the duties of his occupation were performed in the national economy.  

Kruh and Vort v. Ken Ehrman, 2007 N.J. Super. Unpubl. LEXIS 1883 ( Nov. 28, 2007)

How material breach is to be determined with respect to a breach of warranty in the sale of property.

Maria Veras v. Federal Express Co. & Broadspire Services, Inc. (D.N.J. 06-2241)

The District Court granted our motion that the decision to deny short term disability benefits was arbitrary and capricious as the administrative record had shown that she was unable to perform the duties of her own occupation. This decision is now on appeal to the Third Circuit Court of Appeals.

Lorna Walker v. Metropolitan Ins. (D.N.J. 2499-01)

The District Court granted our motion for summary judgment holding that there was in fact no information in the administrative record that the Plaintiff was capable of performing the other occupation that had been identified, and thus continued to be eligible for benefits under the Plan.

Don Dent v. Cingular Wireless Co. (D.N.J. 07-552)

The District Court remanded this matter as had been requested which had been removed on the basis of federal question jurisdiction holding that the claims that had been pled were based on State law and were not covered by the terms of the company’s collective bargaining agreement.

Nassam Inc. v. Masaki Sassa, Superior Court of New Jersey (Chan. Div. C-24-07)

The Chancery Division denied Plaintiff’s motion for a TRO and thereafter for a Preliminary Injunction which it had sought to enjoin the use of trade secret information which was alleged to have consisted primarily of customer names and manufacturing specifications. The Court determined that the customer names were readily ascertainable and not trade secrets, and that the specifications belonged to the customer not to Defendant’s employer.

Rainville v. Consupak 407 F. Supp 221 (D.N.J. 1976)

Upheld the right of a patent licensee to proceed as an involuntary plaintiff.

In re Imperial "400" Nat. Inc. 333 F. Supp. 742, (D.N.J. 1971) and 324 F. Supp 582 (D.N.J. 1976)

Upheld position of SEC on attorney fee awards in a Chapter X reorganization.