Civil Matters

Automobile Negligence:

• R, et als v. O, et als- Docket No. MRS-L-1224-03; settlements totaling $222, 500.00 to injured passengers.
• C v. S, et als-Docket No. MON-L-5715-01: $750,000.00 settlement to plaintiff who sustained heel fracture and psychological trauma. 
• L v. P, et als- Docket No. L-553-06; $90,000.00 settlement to Plaintiff who suffered neck injury (no surgery required) and temporary neurological injury.
• L v. R, et al- Docket No. L-552-06; $71,000.00 settlement to Plaintiff who suffered shoulder injury.
• T v. C- Docket No. MRS-L-3382-06; settlement to injured plaintiff for insurer's polic limits ($100,000.00)

Commercial Litigation:

• Penn N Insurance Company v. S, et als- Docket No. SSX-L-0590-03; successfully obtained dismissal of lawsuit against commercial property /business owners.

Civil Defense:

• A v. W, et als- Docket No. SSX-L-339-02; successfully obtained dismissal of lawsuit seeking large money judgment and injunctive relief.

Criminal Cases
Alexander Pagano

• STATE V. PEREZ, MORRIS COUNTY [Not Guilty After Jury Trial]
  

  Client was accused of stealing $200,000 in jewels by jumping out of a minivan and grabbing a jewelry bag from a jewel courier. The client's fingerprints were found on the getaway vehicle. The codefendant pleaded guilty and was sentenced to State prison. PDF Link {State v. Perez, Trial Starts, Dailey Record}. During the client's trial the State wanted to introduce evidence that the client and codefendant were arrested together in a separate incident two weeks earlier for tailing a different jewelry salesman. The Firm filed the appropriate motion opposition and successfully convinced the judge to suppress this information so that the jury would not hear it. PDF Link {State v. Perez, Win Motion, Daily Record}. The Firm went on to successfully defend the client, who was acquitted on all counts after the jury found him not guilty. PDF Link {State v. Perez, Acquitted, NJ Star Ledger}

• STATE V. FOOTMAN, PASSAIC COUNTY [Not Guilty After Jury Trial]
  

  Client was charged with dealing crack cocaine within 1000' of a school in Paterson, NJ. Client was acquitted on all counts after a Jury trial. PDF Link { State v. Footman, Client Acquitted}

• STATE V. HUMPHREY, HUDSON COUNTY [Not Guilty After Jury Trial]
  

  Client was charged with first-degree armed robbery of a pedestrian in a park in Jersey City, NJ. Client was acquitted on all counts after a Jury trial.

• STATE V. DALEY, MORRIS COUNTY [Hung Jury]
  

  Police stopped client and codefendant Route 80 and after a search seized three large bags of marijuana, totaling 150 lbs, one of which was right on a bed next to the client. The truck was registered to the client. PDF Link {State v. Daley, Prosecution Rests, NJ Star Ledger}. After and intense jury trial, the jury was hung and would not convict defendant. The Firm considers this a win because rather than retry the case, the State agreed to give the client a favorable plea. PDF Link {State v. Daley, Hung Jury, NJ Star Ledger}

• STATE V. ANDREW PENA, MORRIS COUNTY
  

  Client was charged with first-degree aggravated sexual assault. The Assistant Prosecutors handling the case attempted keep the jury from seeing photographic evidence favorable to the Defendant. PDF Link { State v. Pena, Opening Statements, NJ Star Ledger}. The Judge agreed with the State and suppressed the photographs at the start of the trial so the jury would not be able to see them. With backs against the wall, and knowing this evidence had to be seen by the jury, on the same day the Firm filed an emergent appeal and extensive briefs with the Appellate Division. PDF Link {State v. Pena, Emergent Appeal}. The Firm believed it to be an outrage that the Judge would not permit the jury to see the photographs. The Appellate Division agreed and overruled the Judge a day or so later. PDF Link {State v. Pena, Judge Overturned Photos Admissible}. The Defense was then allowed to display the pictures to the jury. While this trial was ultimately lost, it is pending appeal.

• STATE V. JULIO RODRIGUEZ [Indictment Dismissed]
  

  Client was charged with resisting arrest. The Firm filed a motion to dismiss the indictment on the grounds of improper grand jury presentation and lack of evidence. The Judge dismissed all charges. PDF Link {State v. Rodriguez, Indictment Dismissed} and {State v. Rodriguez, Memorandum dismiss indictment}

• STATE V. NAPOLITANO [Probation for Client Facing 15 Years State Prison for Drug and Gun Charges]
  

  Client was charged with possession of a firearm while in the course of a narcotics crime and possession of narcotics with intent to distribute. The policed searched and seized evidence from a car in which the client was a passenger. The plea offer was 8 years State prison. The Firm filed a motion to suppress the evidence seized on the grounds that police search of the car was illegal. Based in part on the strength of the motion papers, the plea offer was reduced to probation, which the client accepted. PDF Link {State v. Napolitano, Brief Motion Suppress} and {State v. Napolitano, JOC Probation}

• STATE V. O'CONNELL [Probation for Client Facing 20 Years State Prison for First Degree Drug Crime]
  

  Client was charged with running a marijuana harvesting operation in his attic along with two codefendants. Police had searched the client's residence and seized about seventeen marijuana plants. Client was facing first-degree charges and twenty years State prison. The Firm successfully negotiated a plea to probation not involving jail or State prison. PDF Link {State v. O'Connell, Probation, Daley Record}

• STATE V. CAYWOOD [Probation for Issuing $68,000 in Bad Checks]
  

  Client was charged with issuing $68,000 in bad checks. The Firm Successfully negotiated a plea agreement with the State to probation. PDF Link { State v. Caywood, Probation, Daily Record}

Matthew Sumner

• DYFS v. K.M. & R. L. (Warren County)
After a Hearing, Court dismisses DYFS Complaint to Investigate where Defendant shows "anonymous caller" had ulterior motive in calling DYFS and is able to convince Court to accept private diagnostic screenings (refuting allegations of drug and alcohol use), rather than undergo examination by DYFS medical providers.

• DYFS v. N.M. & M.M. (Sussex County)
After a Hearing before the Administrative Law Judge, the Court reverses a DYFS finding of child neglect against father for consuming alcoholic beverages while caring for infant. Despite DYFS regulation that alcohol consumption by caretaker presumes that child is placed in a position of potential harm, testimony indicated that child was asleep during incident, police did not charge father with any alcohol related offense or indicate that his alcohol consumption prevented him from rendering proper care.

• S H v. R H (Morris County)
DIVORCE  Alimony/Removal of Child from State.  Wife found entitled to alimony even though husband previously terminated from employment. Wife entitled to remove child from state when husband arrested on pornography charges.

• M W v. T W (Sussex County)
 DIVORCE  Forensic Accounting.  Wife given marital estate after forensic accountant is able to prove that husband's solely owned business had been misreporting income and expenses.

• T M adv. J L (Morris County)
POST-DIVORCE:  Custody Litigation Mother wins sole custody of children after court finds that natural father abuses spirit of joint-custody agreement following evidentiary hearing.

• P G v. G (Union County)
POST-DIVORCE: Child Support/College/Emancipation.  Father no longer required to pay child support once its revealed that child cutting college classes and mother concealing child's true status.

• K S v. L D (Morris County)
FAMILY LAW:  Custody/Litigation/Removal of Child from State.  Father wins custody of two children and the right to remove children to another state following Bests Interests Hearing.

• Division of Youth and Family Services (DYFS) v. S R (Warren County)
FAMILY LAW: DYFS Litigation.  Court returns children to natural mother from foster care after court finds that police officers and DYFS caseworker lied about her alleged child abuse.

• Division of Youth and Family Services (DYFS) v. L W (Hudson County)
FAMILY LAW: DYFS Litigation.  Child returned to mother from foster care despite mother having been found guilty of assaulting child.

• M B v. M T (Union County)
FAMILY LAW: Domestic Violence.  Successfully prosecuted and obtained Final Restraining Order on behalf of female victim threatened by boyfriend.
• H B, Jr. adv. S M (Morris County)
FAMILY LAW: Domestic Violence.  Successfully defended client accused of harassing his ex-girlfriend thus avoiding imposition of restraining order.