The Superior Court of New Jersey, Law Division (Monmouth County) granted Fishkin Lucks LLP’s motion on behalf of its pro bono clients, The American Legion, The American Legion Department of New Jersey, and The American Legion Matawan Post 176, to intervene in a lawsuit brought by the American Humanist Association against the Matawan-Aberdeen Regional School District challenging the constitutionality of the Pledge of Allegiance under the equal protection clause of the New Jersey Constitution. Fishkin Lucks has now filed a motion to dismiss Plaintiffs’ claims, arguing, among other things, that the law providing for the voluntary recitation of the Pledge is constitutional in that it does not discriminate against any class of citizens. The motion is presently scheduled for a hearing on October 23.
A copy of The American Legion’s press release can be found here and some recent media coverage of this victory can be found here.
The Supreme Court of New York (New York County) (Coin, J.) granted today the Firm’s motion to dismiss a nursing and home attendant firm’s complaint against our client , a national insurer, for failure to state a claim, and thirteen cross-claims brought by the estate of an insured alleging, inter alia, misrepresentation, breach of fiduciary duty, intentional infliction of distress and wrongful death. The Court agreed with each of the Firm’s arguments to dismiss the Complaint, including that CPLR 3211(d) does not afford a right of discovery to a plaintiff who fails to make a “sufficient start in showing that it may have a claim and that its position is not frivolous,” as well as the Firm’s arguments that were dispositive of the estate’s cross-claims. The Court agreed, inter alia, that the cross-claims were founded in contract and could not be considered a basis for tort given the absence “of a legal duty independent of the contract itself [having] been violated,” the contract did not create a fiduciary duty, and the estate did not allege “conduct so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency” to support an intentional infliction of emotional distress claim.
Fishkin Lucks secured a voluntary dismissal with prejudice today of third-party coverage claims brought against our client, AIG, in the United States District Court for the District of New Jersey. The claims sought coverage under a municipal policy that AIG issued to the City of Long Branch (NJ) for an alleged tort committed by a Long Branch employee. The dismissal was the product of admissions we secured through aggressive discovery, and was accomplished before AIG had to submit to discovery.
Fishkin Lucks secured a victory today before the New York State Division of Human Rights in a suit brought against the Firm’s client, a luxury hotel owner/operator, by a former employee alleging that she was terminated on account of her pregnancy. In dismissing Complainant’s charge of discrimination, the Division agreed with the Firm’s arguments that the client discharged Complainant for legitimate, non-discriminatory reasons that were not a pretext for discrimination.
The Supreme Court of New York (New York County) granted today the Firm’s motion to dismiss plaintiff’s complaint against our client, a national life insurance company, which alleged that the client breached the terms of a life insurance policy, violated federal tax laws, engaged in fraud and was negligent when, instead of paying out the policy’s death benefits to the decedent’s designated beneficiaries, including plaintiff, it offered a spousal continuation option to the decedent’s husband who thereafter divested plaintiff of his interest under the policy. In dismissing the complaint with prejudice, the Court agreed with the Firm’s arguments that each of plaintiff’s claims were time barred, including under a ‘discovery rule’ which plaintiff argued saved the claims.
Fishkin Lucks is pleased to announce that Steven Lucks was named a 2014 “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.
