Representative Matters

Obtained summary judgment in a legal malpractice case in which a client sued his lawyer for alleged negligent representation in the purchase of a small business. Plaintiff claimed that his lawyer did not perform the appropriate due diligence before allowing the Plaintiff to close on the purchase. Throughout discovery in the case, maintained the defense position that the lawyer had not breached the standard of care a lawyer owes to the purchaser of a small business. Plaintiff submitted and filed a very detailed Affidavit of Merit in order to comply with the Affidavit of Merit statute, but Plaintiff never served an expert report as to the standard of care. Argued that the case was not one which could go to a jury without an expert opining as to the appropriate standard of care and whether the attorney client had breached that standard, and that a mere Affidavit of Merit was insufficient. The court agreed and granted summary judgment dismissing the case against the lawyer.

Slotkin Granted Dismissal with Prejudice in Professional Liability Action

Lisa Slotkin successfully obtained a dismissal with prejudice in the defense of a professional negligence in the Superior Court of New Jersey, Law Division, in Somerset County. Plaintiffs, small business owners, sought damages against their insurance brokers for allegedly improperly advising them to obtain insurance coverage which Plaintiffs claim was inadequate. Plaintiffs failed to provide an Affidavit of Merit to Defendants and the Court, despite being required to do so under the Affidavit of Merit statute and despite an extension of time within which to produce the Affidavit. Defendants moved to dismiss the claim with prejudice. In an unsuccessful attempt to continue the litigation, Plaintiff instead implored the Court that the negligence claims against the Defendant insurance brokers fall within the “common knowledge” of a juror, and therefore, no Affidavit of Merit from a like professional is required. After Plaintiffs’ reply, Slotkin proceeded to oral argument. Slotkin persuaded the Court that Plaintiff’s failure to comply with the Affidavit of Merit requirement was fatal to the claim. The Court’s decision enforces the common defense position in similar cases that a claim based on deviation from the standard of care applicable to an insurance broker necessitates an Affidavit of Merit. The Court granted Slotkin’s motion, and dismissed the Plaintiffs’ complaint with prejudice.

Obtained dismissal of New Jersey professional malpractice claim upon the filing of a motion to dismiss for failure to file an affidavit of merit. The motion was granted, dismissing a complaint based on allegations that an insurance producer was negligent for allegedly failing to procure proper insurance coverage. The decision was appealed to the Appellate Division, which upheld the dismissal.

Settled a case against an insurance broker whose alleged negligence in procuring insurance coverage for a janitorial company resulted in the janitorial company going years without the proper insurance coverage and ultimately being forced to defend and indemnify itself in a slip and fall accident at one of the commercial properties it cleaned. By bringing claims against a managing general agent who allegedly had the ultimate responsibility for binding the improper coverage, a very favorable settlement was secured.

Obtained a voluntary dismissal in a liquor liability case against an adult entertainment establishment in which a Plaintiff sustained severe injuries in a motor vehicle accident after leaving the establishment. The Plaintiff was highly intoxicated when she crashed. Convinced Plaintiff’s counsel that the proofs needed to establish service while visibly intoxicated would never be sufficient for the Plaintiff to win the case.