Arabia and Class of Plaintiffs vs. Zisman, et al, 143 N.J. Super.
168 (Ch. Div. 1976) helped invalidate an Atlantic City ordinance prohibiting the
maintenance of beach chairs at the sole caprice of the public beachfront property owners
holding it an illegal delegation of the municipality's authority.
Brooks vs PMA, 121 N.J. Super. 51 (App. Div. 1972), 62 NJ 585
(1973), 14 ALR 4th 1148. This landmark case allows a worker to sue a Workers
Compensation insurance carrier if the employer relied upon the negligent safety inspection
of the carrier.
Burns vs. West America Corp., 137 N.J. Super. 442 (N.J.D.C.
1975). Established the right of a tenant to recover punitive damages against a
landlord.
DeSimone vs. Nationwide Mutual Insurance Company, 149 N.J. Super
376 (Law Div. 1977). This case stands for the principle that an individual can sue
an insurance company for consumer fraud.
D'Annunzio vs. Borough of Wildwood Crest, 172 N.J. Super. 85
(App. Div. 1980) helped palintiffs recover damages against wrongdoing of public employees
and public entities.
Flannagan vs. Foster and Nationwide Insurance Co., 182 N.J.
Super. 282 (App. Div. 1981). Held that an insurance company that committed "bad
faith" and allowed its insured to have a $350,000 judgement rendered against them was
responsible for interest over and above its limited $15,000 policy limits in addition to
"bad faith" damages for the excess $350,000 verdict.
Garshman vs. Universal Resources, 824 F.2d 223 (3rd Circ. 1987);
Garshman vs Universal, 625 F. Supp. 737 (DCNJ 1986, 641 F. Supp. 1359
(DCNJ 1986)) These consumer class actions helped expand the Federal Rules of Civil
Procedure for Class Actions and Bankruptcy trials.
Chattin vs. Cape May Green, 216 N.J. Super. 618 (App. Div. 1987);
Chattin vs. Cape May Green, 243 N.J. Super. 590 (App. Div. 1990); Chattin vs.
Cape May Green, 124 N.J. 520 (1991). All of these involved Consumer Fraud
rights of the homeowners against deceitful builders and established legal precedents for
recovering attorneys fees and "ascertainable losses" for homeowners who are
wronged by misrepresentation and unconscionale commercial conduct.
Gerber vs. Allstate, 161 N.J. Super. 543 (Law Div. 1978).
Provided that a motorcyclist struck by an automobile could collect PIP or No-Fault
benefits.
Hauck vs. Danclare, 262 N.J. Super. 225 (Law Div.
1993). This landmark case established the right of consortium
plaintiffs to separate and independent trial counsel to help recover the
spousal loss of the uninjured but seriously affected spouse.
Hill vs. Harleysville, App Div. slip opinion 83-4276 (Aug. 17,
1984) helped define first party Bad Faith liability by a No-Fault insurance carrier which
attempted to defraud its insured policy holder.
In re Egg Harbor Associates, 185 N.J. Super. 507 (App. Div.
1982); 91 N.J. 552 (1982) helped define the authority of the Department of Environmental
Protection (DEP) to impose "fair share" housing conditions under the Coastal
Area Facility Review Act (CAFRA) re permits for waterfront development including proposed
housing units for low and moderate income units.
Jones vs. Sportelli, 166 N.J. Super. 383 (Law Div. 1979).
This case held the Consumer Fraud Act of New Jersey applied to the manufacture of an IUD
which was misadvertised.
Kotok Builders vs. Charvine CO, 183 N.J. Super. 101 (Law Div.
1981) helped define "malicious use of process" and defamatory words interpreted
in the circumstances they were uttered and what damage or effect the utterance had upon
the defendant's business or professional reputation.
Levin vs. Haddon Hall Hotel, 66 N.J. 415 (1973). This
landmark established an exception to the "Going and Coming rule" which
restricted workers' rights when were injured going to and coming from work.
Nanavati vs. Burdette Tomlin Memorial Hospital, 107 N.J. 240
(1987); Nanavati vs. Burdette Tomlin Memorial Hospital, 645 F. Supp. 1217 (DCNJ
1986). Defamation and trade libel case by a doctor against fellow doctors.
National Freight vs. Ostroff, 133 N.J. Super. 554 (Law Div.
1975). Provided that discovery of a party in civil litigation can proceed despite
the fact that such party is a defendant accused in a criminal case and would have to plead
the Fifth Amendment. That should not delay civil litigation.
Neimara vs. Schneider, 114 N.J. 550 (1989). The Supreme
Court enunciated "The Learned Intermediary" doctrine for New Jersey - that is, a
prescription drug manufacturer has the right to immunity in a failure to warn case when it
gives warnings to the "learned interediary" treating doctor.
Ross vs. Novino, (Atlantic County 1994 unpublished opinion by
Judge Michael Winkelstein) held that a key employee could recover for personal injuries
and the closely held family corporation could likewise recover seperate damages for
disabling injury to a key employee.
Sea Harvest Inc. vs. Rig & Crane Equipment Corp., 181 N.J.
Super. 41 (Ch. Div 1981) helped define the security interest created by the lessor-seller
of a crane who was held to be "in the business of selling goods of that kind"
within the meaning of the statute providing that the buyer takes free of any security
interest created by the seller. It explains how to apply the subjective "good
faith" standard to define good faith as honesty and fact in the conduct or
transaction concerned.
Sharra vs. City of Atlantic City, 199 N.J. Super. 535 (App. Div.
1982) helped define a "dangerous condition of property" for a Tort Claims Act
against a public entity.
Spaulding vs. Hussein, 229 N.J. Super. 430 (App. Div. 1988).
Tom Vesper was the legal expert in this case which established the duty of a
treating physician to render litigation assistance to his/her patient.
Viviano vs. CBS, Inc., 251 N.J. Super. 113 (App. Div. 1991), 70
ALR 4th 984 (1989). Tom Vesper was a plaintiff's legal expert in this case which
established in New Jersey the intentional tort of spoliation of evidence.
Wind vs. J.C. Smith, 164 N.J. Super. 110 (App. Div. 1978) helped
expediate the procedural steps in cases against the Unsatisfied Claim and Judgement Fund
(UCJ Fund).
1975 FIRST lawyers in South Jersey to employ computerized accident
reconstruction to illustrate an auto crash sequence of events to a jury in Cumberland
County.
1978 FIRST lawyers in Atlantic & Cape May Counties to employ full and
part time nurses as medical consultants to assist personal injury clients.
1983 FIRST lawyers to use written settlement brochures and briefs in
Atlantic and Cape May Counties, which were later adopted as a standard feature in all
automobile arbitrations.
1984 FIRST lawyers to use videotaped settlement presentation and "Day
in Life" films in Atlantic and Cape May Counties to illustrate clients' disability,
impairment and loss of enjoyments of life.
1998 FIRST law firm in New Jersey to have three lawyers certified as
members of the Million Dollar Advocates Forum.
1999 FIRST law firm in New Jersey to recover a court
rewarded $1 million dollar attorney fee under the New Jersey Consumer
Fraud Act after successfully recovering a consumer fraud trebled verdict
for a group of homeowners.