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Paul Schmidt Eliminates Opposition’s Leverage and Favorably Settles Building Damage Case

September 29, 2011

Paul M. Schmidt secured an extremely favorable settlement on behalf of a client joined in litigation for allegedly causing the collapse of subsurface structures on an adjoining property due to improvements made on the client’s former property.  Mr. Schmidt first threatened to seek defense costs if plaintiff did not dismiss its mold claim filed under the New Jersey Environmental Rights Act.  Plaintiff dismissed the ERA claim, thereby eliminating plaintiff’s only basis for seeking attorneys fees.  Thereafter, Mr. Schmidt launched an attacked on plaintiff’s proposed expert testimony in a pretrial motion, and vigorously maintained that the client had no liability to the current owner of the client’s former property, who had joined the client in the litigation.  In the end, Mr. Schmidt successfully resolved the client’s exposure for approximately 8.5 % of the final settlement amount, leaving prior and subsequent owners of the client’s former property to pay the remaining amount.

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