Professional Negligence/Malpractice Litigation
MARC understands that a professional's reputation is his or her most valuable asset. We are adept at defending individuals and companies against professional negligence/malpractice claims in state and federal courts in a wide range of fields. And we strive to find creative means to avoid litigation and adverse publicity through alternative dispute resolution such as arbitration and mediation. These alternatives often result in early resolution, significant cost savings and a confidential outcome. For claims that require trial, we have the expertise to present an aggressive, thoughtful and effective defense and to seek prompt dismissal of meritless claims. Our appellate attorneys are an integral component of our litigation group, so appropriate issues can be analyzed, preserved and litigated as needed before, during and after trial.
We have extensive knowledge and experience in representing defendants accused of violations of consumer protection laws, including the New Jersey Consumer Fraud Act. And we use our expertise for select plaintiff matters involving negligence and malpractice.
Our practice includes claims involving:
- Home-inspection companies
- Insurance brokers
- Mortgage companies
- Real estate brokers
- Title companies
Our recent engagements include:
- Winning summary judgment dismissing claims that a real estate broker did not disclose a drainage easement and winning summary judgment on the broker’s counterclaim for real estate commission payments.
- Negotiating the favorable early settlement of claims against a mortgage lender alleging violations of the Home Ownership and Equity Protection Act (HOEPA), Home Ownership Security Act (HOSA), Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA).
- Winning a no-cause verdict for a real estate broker over New Jersey Consumer Fraud Act claims.
- Winning summary judgment dismissing allegations that an insurance broker failed to provide adequate coverage.
- Winning summary judgment dismissing claims that a title insurance broker failed to identify the correct tract and pay proper taxes and liens at closing
- Winning summary judgment dismissing claims against a real estate broker for personal injuries allegedly caused by undisclosed mold infestation.
- Winning summary judgment dismissing claims against a real estate broker for professional negligence and personal injuries in the rental of an apartment to a tenant with a pit bull terrier.
Michael T. Millar for additional information.