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Representative Cases

Partnership Litigation

When four equal partners in an LLC could no longer get along and operate the business in a sound fashion, two of the partners came to Mr. Kovacs for help. When all else failed and settlement was not feasible, Mr. Kovacs tried the case in the Court of Chancery.

Mr. Kovacs was successful in pursuing his clients' claims. The court determined that the defendant partners had committed fraud in inducing Mr. Kovacs' clients to form the LLC, and that their subsequent conduct made it impossible to conduct the business. The court ordered the defendant partners to sell their shares for the fair value less the damages caused by their fraudulent conduct. The bottom line is that Mr. Kovacs' clients obtained full ownership rights of the business and the defendants were required to pay them compensation for their fraudulent conduct.

Insurance Litigation

When Mr. Kovacs' client was sued for negligently injuring a person who had attacked him, his insurance company determined that it would not provide him coverage for the incident. Mr. Kovacs stepped in and brought suit against the insurance company. Following a two-day trial, Mr. Kovacs was successful in proving that the insurance company had to provide coverage to his client and, in fact, had to reimburse his client for all the attorney fees associated with the matter.

Wage And Hour Litigation

Sometimes employment disputes cannot be resolved through settlement or mediation and trying the case is the only alternative. Mr. Kovacs' client was sued by a disgruntled employee who had been terminated, claiming she had been denied overtime pay and had been fired because she blew the whistle on them. Mr. Kovacs' client was adamant that it had fired the employee for good cause and had paid her all overtime due. Mr. Kovacs was unable to settle the claims in that the terminated employee was seeking hundreds of thousands of dollars in compensation. The case proceeded to trial and Mr. Kovacs succeeded in proving that the employee had been terminated for cause and not for any other illegal reason. And sometimes even in defeat there is victory: Although the jury determined that the employee was deprived some overtime wages, they limited the award to $1,000.

Reported Cases:

Philips v. Gelpke, 382 N.J. Super. 505 (App. Div. 2006)
Successfully represented defendant in case where court held that claim of childhood sexual abuse based on recalled memories requires expert testimony on dissociative amnesia. Reversed by the New Jersey Supreme Court and remanded for consideration of further appeal issues.

Jane Doe v. XYC Corp., 382 N.J. Super. 122 (App. Div. 2005)
Court ruled that employer had duty to investigate employee′s use of internet when reason to believe employee is viewing child pornography and to report such activity to police.

Joye v, Hunterdon Central Regional School Board, 176 N.J. 568 (2003)
Successfully represented School District random drug testing program challenged on constitutional grounds.

Accardi v. Enviro-Pak Systems Co., 317 N.J. Super. 457 (App. Div. 1999)
Established potential liability of landowner who retained control over work being performed on property. Subsequent jury verdict for plaintiffs for 2.2 million dollars.

Nowacki v. Community Medical Center, 279 N.J. Super. 276 (App. Div. 1993)
Court agreed that use of medical records at trial containing complex diagnosis was hearsay and affirmed medical malpractice award for plaintiff.

DeLane v. City of Newark, 343 N.J. Super. 225 (App. Div. 2001)
Successfully represented firefighter′s widow in excepting survival action recovery from workers′ compensation lien.

Radwan v. Carteret Board of Education, 62 Fed. Appx. 34 (3d Cir. 2003)
Reversed Trial Court Order for a new trial in employment litigation where jury had awarded no compensatory damages or punitive damages under state law but had awarded punitive damages under federal law.

English v. Board of Education, 301 F.3d 69 (3d Cir. 2003)
Represented local school board in constitutional challenge to New Jersey send receive statute.

Banquesource Capital Corp v. Pine Brook Care Center, 265 N.J. Super. 446 (1993)
Successfully defended nursing home in suit by broker for commission on failed mortgage application.

Tustin v. Heckler, 591 F. Supp. 1049 (D.N.J.), rev′d, 749 F.2d 1055 (3d Cir. 1984)
Represented class of social security recipients in Equal Protection challenge to their removal from disability rolls.

Raniero v. Antun, 943 F. Supp. 413 (D.N.J. 1996)
Won summary judgment for local school board in claim that failure to promote violated plaintiff′s First Amendment rights.

For Defendant:

Linn v. Green Brook Nails (New Jersey Superior Court, Middlesex County, 2010) Successfully represented employer in Jury Trial for wrongful termination in violation of CEPA.

Sarnowski v. Air Brook Limousine (United States District Court NJ, 2005) Successfully represented employer in Jury trial regarding claim of wrongful termination in violation of the Family Medical Leave Act.

Sarto v. Bloomingdale Board of Education, et al., (Morris County, 2005) Summary judgment for Defendant in claim of breach of confidentiality Agreement contained in release.

AP Diagnostics v. Siemens, (Middlesex County, 2004) Directed verdict in Bench Trial on claim of product defect.

Eckel v. Middlesex County Sheriff′s Office, (Office of Administrative Law, 2002) Represented Sheriff in multi-day hearing before Administrative Law Judge in Unfair Practice Charge Case.

For Plaintiff:

Dissinger v. Schomburg Charter School, (New Jersey Superior Court - Somerset County, 2009) Succeeded on behalf of employee on summary judgment, motion on liability for breach of employment contract and obtained an award at trial on damages for $247,834.00.

Lukach v. Caruso Automotive, (Workers' Compensation Court, Lebanon, 2009) Successful trial of worker's compensation claim for medical benefits and permanent disability award on behalf of employee. Employer initially denied the claim.

John Doe v. ABC Corp. (New Jersey Superior Court, Middlesex County, 2008) 1.6 million dollar confidential settlement of age discrimination case.

L.M. v. Church & Dwright, (Workers' Compensation Court, Mercer County-Appellate Division 2008) A Workers' Compensation claim where the employer denied that Petitioner's shoulder surgeries were related to her secretarial duties. The Workers' Compensation Court, after 6 days of trial, awarded Petitioner total disability. On January 30, 2008, the New Jersey Appellate Division affirmed the Workers' Compensation Court Decision.

Cittadino v. Younger, (Monmouth County, 2005) 2.1 million dollar settlement for Plaintiff in automobile accident. Reported as one of the top 50 in cases in New Jersey for 2005.

Davis v. City of Trenton (OAL, 2002) Represented police officer in multi-day hearing before Administrative Law Judge. Succeeded in getting police officer reinstated and awarded back pay.

Dillon v. A&P, (Passaic County, 2000) $900.000.00 verdict in sex harassment/retaliation case.

Gordon v. Witco (Morris County, 1996) $10,500,00 verdict for plaintiffs in age discrimination case.