The New York Appellate Division (First Department) affirmed today the dismissal of breach of contract claims brought against the Firm’s client, a national life insurance company, by its former servicing agent in Latin America for wrongful termination of, and alleged commissions due under, the parties’ agency agreement. The First Department agreed with the Firm’s arguments before the trial court, finding that plaintiff did not have a viable wrongful termination claim based on the law of the case, and that his claim for unpaid commissions had already been voluntarily discontinued following extensive discovery. The decision provides a complete victory for the Firm’s client after three years of hotly contested litigation.
Fishkin Lucks is pleased to announce that Steven Lucks was named a 2015 “Rising Star” in the area of Civil Litigation by NJ Super Lawyers®, a magazine and rating service for the legal community. Super Lawyers® bestows the “Rising Star” designation upon “the top up-and-coming attorneys in the state” who are 40 years old or younger. The selection process is a multi-phased, rigorous combination of peer nomination and review by an attorney-led research team. Lawyers throughout the State nominated Steve based on their first-hand observations of him in the courtroom, including as opposing counsel and co-counsel. Less than 2.5 percent of lawyers under the age of 40 are selected for this prestigious honor.
The Superior Court of New Jersey, Law Division (Monmouth County) today granted a motion to dismiss filed by the Firm, in partnership with its co-counsel Sidley Austin LLP and Liberty Institute, on behalf of their pro bono clients The American Legion, The American Legion Department of New Jersey, and The American Legion Matawan Post 176, dismissing a lawsuit brought by the American Humanist Association challenging the constitutionality of the Pledge of Allegiance under the equal protection clause of the New Jersey Constitution. In its 21 page decision, the Court adopted the Firm’s arguments in their entirety, and concluded that equal protection principles are not violated when students voluntarily recite the Pledge containing the words “under God,” finding these words to be “as interwoven through the fabric of the Pledge of Allegiance as the threads of red, white and blue into the fabric of the flag to which the Pledge is recited,” and that “as a matter of historical tradition, the words ‘under God’ can no more be expunged from the national consciousness than the words ‘In God We Trust’ from every coin in the land, than the words ‘so help me God’ from every presidential oath since 1789, or than the prayer that has opened every congressional session of legislative business since 1787.”
Fishkin Lucks secured a voluntary dismissal with prejudice today of a Section 1983 action brought against our client, The Delaware River and Bay Authority (DRBA), in the United States District Court for the District of New Jersey. The case was brought by a former DRBA employee who alleged, among other things, that DRBA police officers violated her civil rights in connection with their investigation of allegations that she stole money from the DRBA. The dismissal was the product of admissions we secured through aggressive discovery, and followed our filing of a motion for summary judgment dismissal of all claims.
The New York Appellate Division (Second Department) affirmed today the dismissal of racketeering and conspiracy claims against the Firm’s client, Banco Popular North America, in connection with its financing of a $23M real estate project in Brooklyn, New York. The Second Department agreed with the Firm’s arguments before the trial court, finding that plaintiffs had failed to adequately plead several elements of their RICO and conspiracy claims.
Fishkin Lucks prevailed today in the Supreme Court of New York (Kings County) (Demarest, J.). Following a hearing, the Court granted the Firm’s motion for summary judgment, dismissing all claims alleging that the Firm’s banking client engaged in fraud in connection with its financing of a failed luxury condominium in Brooklyn, New York. The Court agreed that all of plaintiffs’ claims in the action either were or could have been brought in a prior foreclosure action between the parties, and were thus barred by the doctrine of res judicata.
