Smith Stratton


Appeals

The firm’s appellate practice group assists clients with appeals from final judgments; obtaining leave to appeal from interlocutory orders, sometimes on an emergent basis; post-trial motions; and trial monitoring for the purpose of identifying appellate issues, developing an appropriate record on appeal, and facilitating the evaluation of settlement.

Notable successes include:

  • the vindication of the “owned property exclusion” by the New Jersey Supreme Court in State v. Signo Trading International, Inc., 130 N.J. 51 (1992);
  • the unanimous reversal by the Supreme Court of an Appellate Division judgment applying the statute of frauds to a business transaction in DeVito v. Sheeran, 165 N.J. 167 (2000);
  • the reinstatement by the Pennsylvania Supreme Court of a jury verdict voiding certain insurance policies in Rohm and Haas Co. v. Continental Casualty Co., 566 Pa. 464 (2001);
  • the unanimous reversal by the New Jersey Supreme Court of a plaintiff’s verdict in Gonzalez v. Safe and Sound Security Corp., 185 N.J. 100 (2005);
  • the affirmance by the Appellate Division of the dismissal of a direct action against an insurer in President v. Jenkins, 357 N.J. Super. 288 (App. Div. 2003);
  • the affirmance by the Appellate Division of summary judgment for an employer in a workplace injury case in Gonzalez v. Ideal Tile Importing Co., 371 N.J. Super. 349 (App. Div. 2004);
  • the affirmance of the dismissal of bad faith claims by the New Jersey Appellate Division in HGM Communications, Inc. v. Hartford Fire Insurance Co. (2007);
  • the 99% remittitur of a pain and suffering award in a workplace exposure case, sustained on appeal by the New Jersey Appellate Division in Webb v. Troy Corp. (2007);
  • the affirmance by the Appellate Division of a summary judgment sustaining a denial of coverage based on misrepresentations by the insured in Grande Leather & Fur, L.L.C. v. Bond (2011);
  • the affirmance by the Appellate Division of summary judgement for an insurer in an additional insured coverage dispute in Smith v. Toys "R" Us, Inc. (2012);
  • the affirmance by the Appellate Division of an order striking an award of punitive damages in Phillips v. Marriott Ownership Resorts, Inc. (2012);
  • the affirmance of summary judgment for an insurer in a business property coverage dispute in Tucci v. Hartford Financial Services Group, 507 Fed. Appx. 211 (3d. Cir 2012);
  • the affirmance by the Appellate Division of a summary judgment for an insurer in an attorney’s fees dispute in Johnson v. American Plasser Corp. (2014);
  • the affirmance by the Appellate Division of a summary judgment for an insurer, recognizing a limitation on the “permissive use” doctrine, in Hudeen v. Smith (2014);
  • the affirmance by the Appellate Division of the dismissal of tortious interference claims against a third-party insurance administrator in Dooley v. La Padula (2014);
  • the reversal of a jury verdict against a hospital for breach of its contracts with a group of physicians in Vosough v. Kierce, 437 N.J. Super. 218 (App. Div. 2014); and
  • the unanimous reversal by the New Jersey Supreme Court of an Appellate Division judgment limiting the jurisdiction of the Superior Court over workers’ compensation issues in Estate of Kotsovska v. Liebman, 221 N.J. 568 (2015).

For more information, please contact Tom Hastings at 609 987 6687.