Litigation

Capehart Scatchard boasts an active litigation practice encompassing the full realm of business and legal disputes. Focusing on what’s most beneficial for our clients, Capehart Scatchard’s Litigation Department attorneys are dedicated to exploring alternative resources available before heading into the courtroom. Whenever appropriate, our lawyers encourage adversarial parties to initially avoid litigation and entertain alternative methods for resolving their disputes such as negotiation, mediation or settlement. Recognizing the expense and resources involved in moving a business dispute into the courtroom, our trial attorneys carefully deliberate on whether litigation is the best advised method of resolving disputes. Once the decision has been made to litigate, however, our attorneys aggressively apply themselves to achieve the best results for the client.

Legal Services

Our litigation attorneys have successfully tried matters involving contract disputes, business issues, banking and lender liability, insurance defense, shareholder disputes, construction matters, discrimination claims and employment issues, product liability, noncompete agreements, governmental immunity, personal injury, trademark and copyright infringement, toxic torts, labor disputes, liability and insurance coverage, and a broad range of general commercial litigation. In addition to trial work, our attorneys call upon the talents and experience of our other attorneys in representing and counseling our business, commercial, environmental, fiduciary and governmental clients. The depth of skill and experience of other practice areas is an invaluable tool when litigation matters involve definitive areas of law.

Representative Matters

Some of our representative matters include:

ADR

  • Heavily involved, both as a litigant or as a hearing member, in all forms of alternative dispute resolution proceedings.

Business

  • Successfully obtained injunction on behalf of a credit bureau whose former employee, a computer programmer, had violated a noncompete agreement.
  • Represented realtor and broker in lawsuit filed by a seller who claimed real estate fraud. Case was tried and obtained dismissal in favor of realtor and broker.
  • Represented and served as chief trial counsel for multi-national engineering firm against governmental entity seeking reimbursement for project costs; successfully negotiated $2.5 million settlement after several days of trial.
  • Represented financial institution in defense of a consumer-fraud based class action suit.
  • Represented solid waste collection/hauling/processing entities in defense of administrative action brought by the State of New Jersey seeking injunctive and substantial monetary relief.

Civil Rights

  • Represented police chief and a local township in defense of multiparty §1983 action in U.S. District Court.
  • Represented public entities in defense of employment discrimination claims based on sexual harassment, civil rights violations, and personal injuries.

Construction

  • Represented national builder in construction case which was tried to conclusion where demand was over two million dollars.
  • Representation of general contractor in suit for damages and extra expenses incurred in construction of eighty million dollar high school building hampered by unanticipated earth and foundation conditions and unusually severe winter weather.

Employment

  • Successfully appealed a denial of summary judgment against a corporate employer for retaliatory termination at which time the Appellate Division of the Superior Court of New Jersey established a 2-year statute of limitations for these claims.
  • Argued Law against Discrimination case before New Jersey Supreme Court which resulted in significant expansion of existing law and establishment of new standards applicable to the unique circumstances of the particular case.
  • Defend public and private entities against employment discrimination, wrongful discharge, and defamation claims in state and federal court.
  • Defended local school board in whistleblower suit; plaintiff voluntarily dismissed.
  • Obtained summary judgment for public entity client in sexual harassment matter; case is on appeal.
  • Obtained summary judgment for manufacturing client in wrongful discharge matter. No appeal by plaintiff.
  • Defend a public company in federal court in sex discrimination, and sexual harassment matters.

Estates

  • Successfully tried probate matter, defending executors of an estate against claim brought by surviving widow seeking to void prenuptial agreement and claim an omitted spouse’s share of estate.

Insurance

  • Represented insurance carriers in defense of coverage disputes
  • Serve as special counsel for national insurance company on policy coverage issues.
  • Consultant to underwriting department of large insurance carrier in drafting policy language.
  • Draft coverage opinion letters for insurance companies regarding various coverage issues.
  • Defense of insurance coverage litigation involving multi-million dollar plaintiff’s class action for asbestos personal injury claims.

Intellectual Property

  • Successfully resolved litigation claims of trademark and copyright infringement and sale of counterfeit good for both plaintiffs and defendants counsel.

Malpractice

  • Representation of attorney in malpractice case arising out of preparation of estate planning instruments applicable to unusual circumstances involving simultaneous death of husband and wife in aircraft crash.

Products Liability

  • Successfully secured indemnification and defense costs for a national consumer product retailer from the manufacturer in a products liability action.

Public Entity

  • Representing a New Jersey county in defense of $10,000,000 landfill construction claim.
  • Defend public entities against claims brought under the New Jersey Tort Claims Act.
  • Representing a New Jersey county in defense of multi-million dollar claim alleging defective design and construction of highway bridge.
  • Represent several municipalities in defense of tort claims, including death cases.

Tort

  • Defended apartment complex in premises liability suit filed by invitee who tripped and fell while entering apartment. Case was tried and no cause for action was entered in favor of apartment complex.
  • Represented major railroad client in defense of railroad grade crossing incident in which the plaintiff, a motorcyclist, suffered the loss of three limbs. Case was tried for three weeks before a jury and settled while the jury was deliberating.
  • Represented a utility in recovering damages against contractors that damaged underground transmission facilities.
  • Successfully defended bodily injury claim against driver of automobile involved in accident.

Other

  • Conducted nationwide research projects for international fast food franchisor regarding vicarious liability and antitrust issues.
  • Conduct legal research and draft motions and appellate briefs for state and federal court.

Representative Client List

Our Litigation Department attorneys represent clients regionally and nationally in a wide array of matters in federal and state trial and appellate courts, and before regulatory and administrative agencies. Our clients are wholly diverse and include small and large corporations, not-for-profit organizations, trade associations, manufacturers, railroad companies, governmental entities, franchisors, publicly and privately-held businesses, educational systems, and individuals.

Firm Experience and Highlights

Our trial attorneys are seasoned counselors and advisors who provide strategic thinking and decision-making to assist clients in reaching their business objectives. Three of our lawyers are Certified Civil Trial Attorneys, two are Fellows of the American College of Trial Lawyers, and one is a master in the local Inns of Court, the foremost training ground for junior trial attorneys. We sharpen our trial skills by participating in continuing legal education seminars in numerous substantive legal areas to keep abreast of case law developments and new trial methods. The broad spectrum of our litigation experience helps us respond concisely and in a timely manner to provide practical solutions to our clients’ legal problems.