Business Services
Litigation
Bevelock & Fisher LLC represents corporations, closely held businesses and partnerships, both as plaintiffs and defendants, in a variety of industries including real estate development, food service and catering, automotive, property management, executive coaching and pharmaceuticals, among others. Some of the areas in which the Firm is able to provide you with commercial litigation services are:
- Contract disputes, including lending, employment, franchise, real estate, construction, and insurance issues;
- Business torts, including fraud actions, tortious interference with contract and prospective economic advantage, unfair competition, and breach of restrictive covenant claims;
- Closely-held corporation and partnership disputes, including dissolution;
- Challenges to land-use decisions by local planning boards and zoning boards of adjustment;
- Arbitration, mediation and alternative dispute resolution;
- New Jersey counsel in Hatch-Waxman litigation and other cases; and
- State and Federal appeals.
Representative Matters:
Represent catering company that is a defendant in a lawsuit seeking damages for alleged personal injuries arising out of an automobile accident and that also has filed affirmative, third-party claims against the catering company’s insurance broker for malpractice. Tyndale v. Brian Young et al, Docket No. MID-L-5564-14 (Superior Court of New Jersey, Law Division-Middlesex County).
Represent real estate development company in lawsuit commenced against lender for breach of a loan commitment. DLT International LP v. Kennedy Funding Financial LLC, Civil Action No. 2:16-cv-794-WJM-MF (U.S. District Court for the District of New Jersey).
Successfully represented small business in land use dispute with municipal planning board and zoning board of adjustment, alleging that the denial of the land use permit violated the client’s civil rights. The lawsuits were settled and the client obtained the permits. GMKE Properties LLC v. The Borough of Rutherford et al., Docket No. BER-L-7632-13 (Superior Court of New Jersey, Bergen Division-Middlesex County).
Represented a former director and officer of Lehman Brothers in a case asserting tort claims for alleged actions prior to Lehman Brothers’ bankruptcy. Aetna Life Insurance Company v. Appalachian Asset Management Corp. et al., (Supreme Court of New York Commercial Division, New York County).
Obtained favorable decision from the New Jersey Supreme Court on behalf of developer in challenge brought by radio station owners claiming that redevelopment plan was invalid because development allegedly would impede stations’ ability to broadcast signals. Infinity Broadcasting Corp. et al. v. N.J. Meadowlands Commission et al., 187 N.J. 212 (2006).
Represented public entity in commercial lease dispute involving cross-claims for declaratory judgment on issue of whether tenant had right to renew the lease of premises at which public entity’s bus maintenance facilities were located. 1114 Urban Renewal Limited Partnership v. New Jersey Transit Corporation (Superior Court of New Jersey, Law Division-Essex County).
Represented developers in litigation seeking damages and an injunction prohibiting construction of development project. Successfully defeated preliminary injunction application seeking to halt construction of development project. Case thereafter settled. New York Football Giants, Inc., v. New Jersey Sports & Exposition Authority, The Mills Corporation, Mack-Cali Realty Corporation and Meadowlands Mills/Mack-Cali Limited Partnership, (Superior Court of New Jersey, Chancery Division-Bergen County).
New Jersey counsel in numerous Hatch-Waxman cases. E.g., Aventis Pharmaceuticals, Inc. and AMR Technology, Inc. v. Dr. Reddy’s Laboratories, Ltd. et al. and related cases, (U.S. District Court for the District of New Jersey); Elan Pharma International Ltd. v. Biovail Laboratories International, Ltd. et al. and related cases, (U.S. District Court for the District of New Jersey); Sanofi-Aventis U.S. LLC et al. v. Actavis LLC et al. and related cases (U.S. District Court of the District of New Jersey).
New Jersey counsel to defendant in case alleging breach of contract, unfair competition and other claims. Demodulation Inc. v. Corning Incorporated et al., (U.S. District Court for the District of New Jersey)
Contract Review, Negotiation & Advisory Services
Bevelock & Fisher LLC understands that, while litigation is often necessary, it is best avoided if possible. Accordingly, the Firm also provides counseling services to businesses to help his clients avoid disputes, and if a disputes arises, to resolve it without litigation if an acceptable resolution can be achieved short of litigation. These services include reviewing and drafting of contracts, negotiating pre-litigation disputes in an effort to achieve a settlement, and providing other advisory services.
Selected Matters:
- Draft and review master services agreements, confidentiality agreements and other contracts for an executive coaching company.
- Negotiated the dissolution of a closely-held property management company.
- Represented plumbing contractor that had a payment dispute with a general contractor, and obtained a favorable settlement without litigation.
- Represented general contractor with claims against owner for payment.
- Represent landscaping contractor with claims against general contractor.