J A S I N S K I

A PROFESSIONAL CORPORATION

COUNSELORS-AT-LAW

Sixty Park Place, 8th floor, Newark, NJ 07102
T: 973-824-9700    F: 973-824-6061
707 White Horse Pike, Suite A1, Absecon, NJ  08201
T: 609-677-9800    F: 609-677-9811

 

 

 

 

A lawsuit is often won by

aggressive discovery and motion practice.

 

A sample of our Firm's successes is listed below.

 

Rudow v. Geri-Care - Our Firm successfully obtained summary judgment in federal court dismissing a gender discrimination claim.  Interestingly, this Firm had been told by the Magistrate Judge that summary judgment would be a fruitless endeavor.  Nevertheless, we prevailed in our motion and saved our client tens of thousands of dollars in trial costs, as well as discouraged similar suits against this “no-nonsense” employer.    


 

McKenzie v. Babyland Family Services, Inc. - Plaintiff sued her former employer for discrimination, constructive discharge, breach of contract, false imprisonment, assault, defamation, and intentional infliction of emotional distress.  Our Firm filed a dispositive motion and all claims were dismissed on summary judgment.


 

Kennedy v. Hackensack University Medical Center, et al. - Plaintiff sued her former employer and supervisor claiming sexual harassment under the New Jersey Law Against Discrimination, breach of contract, negligent infliction of emotional distress, and negligent hiring, training and supervision.  All claims were dismissed on summary judgment.  Incidentally, plaintiff’s husband filed suit simultaneously; however, months into the litigation, he voluntarily dismissed his case following our aggressive defense.


 

Bell v. City of Atlantic City, et al. - Plaintiff sued his employer and supervisor claiming he was retaliated against in violation of the Conscientious Employee Protection Act.  We successfully disposed of the case on summary judgment which was subsequently affirmed by the Appellate Division.


 

Polillo, et al. v. City of Atlantic City, et al. – Plaintiffs sued their employer and the Mayor alleging whistleblower claims.  On this occasion, we prevailed on appeal after a successful motion to dismiss ended plaintiffs’ case at the initial stage.


 

McCausland v. City of Atlantic City, et al. - Plaintiff sued his employer and a number of other defendants, asserting claims for defamation, intentional and negligent infliction of emotional distress, and tortious interference with lawful union activity.  In this instance, our Firm successfully disposed of the case by way of a motion to dismiss and defeated plaintiff’s attempts to overturn this ruling on appeal. 


 

Casseus v. Harbor View Health Care Center, et al. - Our Firm obtained summary judgment in state court dismissing the complaint for refusal to hire.          


 

Sahinovic, et al. v. CD&L - Our Firm obtained summary judgment in the U.S. District Court for the Northern District of California dismissing multiple claims of discrimination. 


Flipping v. City of Atlantic City - Our Firm successfully obtained summary judgment dismissing claims of racial discrimination, hostile work environment, and retaliation under the New Jersey Law Against Discrimination.  Here, the Appellate Division affirmed the dismissal of the plaintiff’s complaint because the allegations were unfounded and based on nothing more than speculation rather than concrete evidence.


 

Homecare 24-7 v. Farkas Associates, et al. - Our Firm successfully obtained a temporary injunction and ultimately prevailed where a prospective purchaser of our client’s business improperly seized confidential and proprietary information during the due diligence phase of the sale.


 

Jackus v. Elizabeth Board of Education, et al. - The Appellate Division agreed with our position that the Court did not have jurisdiction to hear the dispute in question and improperly granted injunctive relief in a matter involving an employee’s dissatisfaction with his transfer following a reduction-in-force.


 

Bondarenko v. Hackensack University Medical Center - In federal court, we again secured a dismissal of plaintiff’s claims of discrimination based on national origin through a pre-trial motion.


 

The National Labor Relations Board v. EVVNA, et al. - Our Firm was successful in our attempts to limit the NLRB’s demands for an awards backpay for four employees who, as it was ultimately determined, had been lawfully terminated.

  

Laurel Bay v. The National Labor Relations Board - The D.C. Circuit ruled in our favor and overturned the decisions rendered by the ALJ and NLRB.  The D.C. Circuit agreed with our position on behalf of the employer and found that we properly declared that impasse had been reached following months of labor negotiations given the union’s fixed bargaining position.

 

Subcontracting Concepts, Inc. v. New York State Insurance Fund - Our Firm successfully obtained injunctive relief and ultimately a favorable decision following the Fund’s improper assessment of exorbitant insurance premiums for independent contractors providing services to multiple courier companies.  Prior to filing our application, a number of advocates sought to discourage our efforts claiming that the Fund was “untouchable.”  Nevertheless, we prevailed and the decision rendered by the state Supreme Court has had a significant and positive impact on how courier companies conduct their operations.

 

Jones v. South Jersey Industries -

Our Firm convinced the New Jersey Appellate Division to overturn a $2.5 million discrimination verdict.  The case was then re-tried in Atlantic County Superior Court where the Firm received a unanimous jury verdict in favor of the Employer dismissing all of Plaintiff’s claims.


 

Arnone v. Babyland Family Services - We secured dismissal of a whistleblower claim brought by the company's former comptroller after the jury flatly rejected plaintiff’s claims.

 

Haffy v. Hackensack University Medical Center - Our Firm won a major trial victory in a whistleblower case in which a twenty year employee challenged the decision to terminate him.  After eight days of trial, the court granted our motion to dismiss plaintiff’s case on directed verdict.          

 

CD&L v. NICA - We represented our client in a lawsuit that it filed against one of its former vendors who failed to fulfill its contractual obligations.  The trial concluded in a favorable jury verdict in the amount of $1.1 million dollars on behalf of our client.


 

Future Focus, Inc. v. Five Star - Our Firm successfully obtained a defense verdict on behalf of our client who was sued by a vendor for breach of contract.  The jury agreed with our position that our client had not breached the contract and dismissed plaintiff’s case with prejudice.

  

Kabigting v. Hackensack University Medical Center - Plaintiff alleged that his employment was terminated in violation of the New Jersey Law Against Discrimination.  The jury rejected plaintiff’s claims.  In addition, we disposed of plaintiff’s breach of contract, and breach of the implied covenant of good faith and fair dealings claims through summary judgment.


 

CAVI Acquisition, Inc. v. Joel Klein, et al. - After a two-week trial in Ohio state court, the jury returned a verdict of no cause on behalf of our clients who had been sued for breach of contract, violation of non-competes, and fraud.  Although our Firm had never litigated a case before in this forum, we defended our clients and received a favorable outcome.


 

Hoag & Shupe v. Barr Laboratories - Grievants contended that they were wrongfully discharged for poor job performance.  After several days of arbitration and post-arbitration briefs, the arbitrator upheld our client’s decision to discharge these two employees following gross dereliction of their job duties.


 

Thomas Kirschling v. Atlantic City Board of Education – Plaintiff filed suit against the Atlantic City Board of Education alleging claims of discrimination and constructive discharge and demanding $1.2 million in damages. Our Firm successfully obtained summary judgment on behalf of the Board in federal court. Kirschling v. Atlantic City Board of Education, --- F.Supp.2d---, 2014 WL 1301695 (D.N.J. 2014).


 

Kelly v. Beverage Works, et al.  – Plaintiff filed an action in State Court against his former employer, its CEO and others, claiming he was terminated because of an actual or perceived disability and in retaliation for filing a workers’ compensation claim.  We filed an unusual motion to remove the case from State Court and demand the case should be remanded to arbitration. The Court agreed with our position that Plaintiff must arbitrate his dispute pursuant to a collective bargaining agreement and granted our Firm’s motion to dismiss the case.


 

Cook v. Gregory Press et al. – Plaintiff sued his former employer, its owner and manager, alleging wrongful termination, failure to provide a reasonable accommodation, harassment and creation of a hostile work environment.  After Plaintiff testified and was cross examined, the court granted our motion for a directed verdict dismissing the case.


 Robinette v. Hudson City Savings Bank – Plaintiff sued his former employer alleging negligent misrepresentation and breach of the covenant of good faith and fair dealing. The court disposed of the case by way of our motion to dismiss.

 

SCI v. Tilton, et. al. -  Our Firm successfully obtained summary judgment dismissing all claims against our client on the eve of trial, strategically saving our client substantial litigation costs.  Notably, our moving papers were compelling and Plaintiff chose to appeal the dismissal as to every Defendant except our client.


SCI v. Schmutz - Our Firm successfully persuaded all parties to voluntarily dismiss our client with prejudice from a complex independent contractor matter after obtaining valuable deposition testimony and filing summary judgment papers.


Amscot Structural Products Corp. v. Crane-Hogan Structural Systems, Inc. – Our Firm successfully limited damages sought by Plaintiff through summary judgment and post-trial submissions in this complex commercial contract matter.


 

Wood v. City of Atlantic City, et. al - Plaintiff sued Atlantic City and his supervisor in the fire department alleging violations of the New Jersey Consciousness Employee Protection Act (“CEPA”) . Our Firm successfully filed a motion to dismiss Plaintiff’s Complaint on the pleadings prior to filing an Answer saving the clients thousands of dollars in litigation costs.