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Frier Levitt win $1,500,000.00 for client in Product Liability and Wrongful Death Litigation involving a major Japanese truck manufacturer.

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Phone: (973) 618-1660
Fax: (973) 618-0650
Toll-free: 1-888-Levitt1

84 Bloomfield Avenue
Pine Brook, NJ 07058
115 Broadway, Trinity Centre
17th Floor
New York, NY 10006

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RECENT RESULTS OBTAINED BY FRIER LEVITT


Frier & Levitt has achieved substantial results on behalf of clients in personal injury, product liability, wrongful death and employment matters. In some cases, we are barred by Confidential Settlement Agreements from mentioning the names of our clients or the names of the defendants. However, we are permitted to reveal the types of claims and the amount of money we recovered by way of jury verdict or settlement.

  • $12.7 Million Settlement. *Class Action.  We filed a national class action against one of the nation’s largest pharmacy benefits managers (PBMs) on behalf of thousands of pharmacies across the United States based on the PBM’s audit abuse practices.  We received a total settlement valued at $12.7 million on behalf our pharmacies clients. Read more.
  • $750,000 Savings to Client.  Pharmacy Audit.  After one of the nation’s largest PBMs audited our client’s pharmacy, we negotiated a settlement with the PBM that saved the client approximately $750,000.
  • $281,000 Recovery for Client.  Unclaimed Funds Action.  One of the largest PBMs in the country was wrongfully holding approximately $281,000 in unclaimed funds belonging to our pharmacy client for four years.  We intervened threatening litigation if the PBM did not reissue the checks to our client immediately.   The PBM reissued the checks for the full $281,000 within a few weeks of its receipt of our letter.
  • $240,000 Savings to Client.  Pharmacy Audit. After one of the nation’s largest PBMs audited our client’s retail specialty pharmacy, we vigorously opposed its audit conclusions and saved the client approximately $240,000.
  • Immediate Reinstatement of Client to Pharmacy Network.  Pharmacy Audit.  Our retail pharmacy client was terminated from a PBM network of provider pharmacies.  Our client was on the verge of having to close its pharmacy because the PBM’s network “lives” constituted a substantial portion of the client’s revenues.  If the client was not swiftly reinstated to the PBM’s network, it would fail.  Within a matter of days our client was reinstated to the PBM’s network.
  • $3.7 Million Savings to Client. Breach of Equipment Lease and Personal Guaranty.  Our medical imaging client and its physician owners were sued for breach of an equipment lease and personal guaranty by the lessor.  The lessor sought approximately $7,000,000 in damages and return of the imaging equipment.  We settled the case for $3.7 Million and our client kept the equipment.  Read more.
  • $1,700,000 Savings to Client.  Breach of Equipment Lease & Personal Guaranty.  Our mobile medical imaging facility client and its radiologist/owner were sued for breach of an equipment lease and personal guaranty by the lessor.  The lessor sought approximately $1,900,000 in damages based on non-payment of lease.  We settled the case for $173,000. Read more.
  • $500,000+ Savings to Client.  Breach of Equipment Lease & Personal Guaranty.  Our medical imaging facility client and its doctor/owner were sued for breach of an equipment lease and personal guaranty by the lessor.  The lessor sought approximately $550,000 in damages based on non-payment of lease.  We settled the case for $45,000. Read more.
  • $100,000+ Savings to Client.  Breach of Separation Agreement.  Former partner in a medical practice sued our medical practice client for over one hundred thousand dollars based on an alleged breach of a separation agreement.  We defended against the claims and settled the matter for the total sum of $1,300. Read more.
  • $825,000 Savings to Client.  Corporate Deadlock & Minority Shareholder Action.  In a closely held corporation owned 50-50 by two brothers, we filed suit to force a buy-out of the defendant brother’s interest in the company.  Defendant brother’s interest was valued at approximately $1,300,000.  We achieved a complete resolution of the matter for $475,000, thereby saving the client $825,000. Read more.
  • $120,000 – Breach of Real Estate Contract.  Purchasers breached a residential real estate contract. We filed suit on behalf of our clients, the sellers, and swiftly recouped the client’s economic losses. Read more.
  • $300,000 Settlement - Attorney Malpractice resulting in loss of secured mortgage.  Within two months of filing a lawsuit, we obtained a settlement with an attorney who failed to record a mortgage on a residential home resulting in our client losing his priority as a first-position lienholder and not being paid on the mortgage.
  • Defense verdict for our client/employer and $10,000 award of attorneys’ fees – Lawsuit by former employee against corporate client alleging violations of state law.  In addition to dismissing a lawsuit filed by a former employee of our client’s company, the Judge agreed with our argument that the former employee’s lawsuit was frivolous and awarded our client attorneys’ fees. 
  • Injunction against Competitor - Competitor “pirating” employees of client.  Frier & Levitt successfully obtained an injunction against a client’s competitor who strategically recruited and “pirated” our client’s top employees.  The solicited employees knew all aspects of our client’s business model.  We immediately filed an Order to Show Cause seeking an injunction and the Judge granted the injunction prohibiting the competitor actions.
  • $295,000 – Insurance broker malpractice resulting in loss of benefits.  Insurance broker selling disability insurance policy failed to advise and obtain a Cost of Living Adjustment rider which resulted in a significant loss when client became disabled.
  • $317,000 Savings to clients – Bankruptcy preference lawsuit.  Trustees of various debtor companies sued our clients seeking to “claw back” money our clients received from the debtors in the 90 days before they filed bankruptcy.  We presented defenses to these claims resulting in dismissal of the lawsuits prior to having to file an answer to the complaint. 
  • $455,000 Settlement.  Auction Rate Securities.  We filed a Claim against two financial investment companies on behalf of our investor client after his auction rate securities (ARS) became illiquid as a result of repeated auction failures.  We settled the matter for the full value of the client’s ARS, plus attorney’s fees. Read more.
  • $1.5 million Product liability settlement for failed Gear Selector Lever.  Plaintiff placed the Japanese box truck’s gear selector lever in “Park” and exited the vehicle.  The truck rolled despite being in “Park”, wedging plaintiff between two trucks, causing asphyxiation and death.  We immediately went to court to have the truck impounded and preserved as evidence.
  • $735,000 – Sexual assault and negligent hiring, supervision and retention.  On the day of trial the governmental defendants finally agreed to pay on our claims that a government employee sexually assaulted our clients under the guise of “medical treatment”. 
  • $350,000 – Wrongful death of passenger in one vehicle accident.  Our client’s husband was a passenger in a vehicle that crashed into a tree.  He survived the crash but died after surgery for his injuries.
  • $300,000 – Pedestrian hit and run accident.  In a hit and run accident, our client was required to look to her own motor vehicle insurance policy for Uninsured motorist benefits. 
  • $300,000 – Motor vehicle settlement.  We quickly settled a motor vehicle accident with the tortfeasor for his $50,000 limits and then recovered an additional $250,000 which represented our client’s Underinsured Motorist limits. 
  • $280,000 – Wrongful death of prisoner.  No law firm would take this case, referred to us by another lawyer.  We saw a case where most did not.  A female prisoner’s medical needs were disregarded resulting in her untimely death.  Her complaints and medical condition were ignored, and the employees did not know how to operate the prison’s electronically controlled gates, resulting in a delay of medical treatment.
  • $247,000 – Car strikes bicyclist in “hit and run” accident.  Our client was riding his bicycle when he was struck by a car that fled the scene.
  • $150,000 – Defective condition of property.  Defendants negligently designed, manufactured, installed and repaired a defective window that resulted in the free-fall of the window onto our client’s hand.
  • $120,000 Jury verdict for pedestrian struck in parking lot.  A jury returned a verdict in favor of our client who sustained a wrist fracture.  The insurance company made a very low pre-trial settlement offer, so we tried this case to a jury.
  • $100,000 – Chemical burn at hair salon.  While having her hair highlighted, our client sustained a scalp burn. 
  • $100,000 – Payment of full policy limits for third-degree burns. Our client was working in a parked hot dog truck, when two vehicles collided into the truck causing the boiling water to scorch our client.  Plaintiff sustained second and third degree burns.
  • $1.4 Million Savings to Client. Medicaid Audit.  We prevented the recoupment of over $1.4 Million dollars from a client based on the misapplication by a Medicaid Managed Care plan of a state law governing payments of Medicaid claims.
  • $65,000 Savings to Client. Medicare Audit. Following an audit by a Medicare Safeguard contractor we secured a favorable result for our client by submitting an appeal at the redetermination level.
  • $63,000 Savings to Client. Medicare Audit. Following an audit by a Medicare Safeguard contractor we secured a favorable result for our client by submitting an appeal at the redetermination level. We subsequently prepared an appeal on behalf of our client to at the Reconsideration level to a Qualified Independent Contractor (QIC) and secured a further reduction of the recoupment amount.
  • $61,000 Savings to Client. Medicare Audit. Following an audit by a Medicare Safeguard contractor we secured a favorable result for our client by submitting an appeal at the redetermination level. We subsequently prepared an appeal on behalf of our client at the Reconsideration level to a QIC and secured a further reduction of the recoupment amount.
  • $45,000 Savings to Client.  Pharmacy Audit. After a major health insurer audited our client’s retail specialty pharmacy, we vigorously opposed its audit conclusions and saved the client approximately $45,000 of an attempted recovery of $47,000.
  • $1,600,000.00 Arbitration Award. Three Upper Saddle River couples who paid $2.7 million for four Dunkin’ Donuts stores won a $1.6 million arbitration award on March 27, 2007 against the seller over inflated revenue projections. Imran Ali of Brooklyn agreed in 2004 and 2005 to sell a 49% interest in the stores, located in Manhattan, to Drs. Wilson and Myra Nuesa, Drs. Royland and Consuelo Tan, and Dr. Ramon Rosales and his wife, Marilou. The price was based on anticipated revenues of $995,000.00 per store. But each store brought in only about $500,000.00. Plaintiffs also claimed they couldn’t meet revenue targets because Ali abandoned the stores and had used up the operational training provided by the franchisor.
  • $1,250,000.00 Arbitration Award in Auto Accident. Our client was injured when the defendant made an unsafe lane change, causing plaintiff’s truck to overturn onto its roof. Our client required multiple surgeries. In January 2007, we obtained a non-binding arbitration award for our client in the amount of $1,250,000.00. 
  • $372,000.00 Automobile Accident Settlement.  Katelyn Malik was a passenger in car driven by her sister in Cream Ridge, New Jersey. Two different flagmen from MECO Construction Company motioned Samantha to continue through the intersection and they were broadsided by a state Transportation Department van. Katelyn suffered a degloving injury to her right hip, needed surgery, has a scar and indentation. Prior to trial, settlement was made with MECO for $265,000.00, State of New Jersey for $12,000.00 and $95,000.00 from Samantha Malik’s carrier. 
  • $332,500 Personal Injury Settlement.  Our client, J.T. was injured in an automobile accident and suffered a low back injury. L.T. underwent a lumbar laminectomy. During jury selection at trial, the defendants offered and plaintiffs accepted the sum of $332,500.00.
  • $300,000.00 FINRA Settlement.  Our clients, two financial analysts, filed a FINRA arbitration against their former employer, a major financial investment brokerage firm. Claimants sought fair and reasonable compensation for commissions earned on customer accounts that Claimants had developed and serviced while employed with the Respondent firm. On the eve of the Arbitration Hearing, a settlement was reached whereby Respondent firm agreed to pay Claimants reasonable compensation for the commissions they had earned while employed as Financial Consultants.
  • $150,000 Settlement of Employment Matter; Law Against Discrimination/Family Medical Leave Act.  We filed suit in the United States District Court for the District of New Jersey on behalf of “HA”. “HA” was an employee in “good standing” with “Employer” from 1979 through 2004. In 2003, “HA” took a medical leave of absence. He expressed to his superiors his intention to return to work within the statutorily protected family leave period. Nevertheless, the Employer told HA’s customers that he had retired. When he returned to work, the Employer changed the terms and conditions of his employment, switching him from full-time to part-time employment and transferring him to a different location that was less accommodating to his medical condition. Ultimately, Employer terminated “HA” allegedly for "unprofessional conduct". “Employer” tried to block “HA”’s ability to obtain unemployment benefits. The Labor Board disagreed and awarded benefits. HA made less than $30,000 per year. In June 2005, we achieved a settlement for HA in the amount of $150,000.00.
  • $145,000 Settlement.  Employment Discrimination.  In August 2001, a large New Jersey not-for-profit employer terminated a group of African American employees alleging that their services were no longer required because the business’s programs had ended. However, the employer retained at least one white employee. When the employer offered what we believed to be an unreasonably low "severance package", Frier & Levitt counseled the employees to reject the severance and file a lawsuit.  After we filed suit, the not-for-profit employer maintained that it was immune from liability under New Jersey’s Charitable Immunity statute and that it terminated the African American employees for legitimate reasons. We didn’t agree. After a year of litigation, the employer agreed to pay the employees nearly $150,000, many times more than the “severance” package we had rejected.
  • $130,000.00 – Breach of Real Estate Contract.  Plaintiffs entered into a real estate contract to sell their Mountain Lakes residence to Defendants for the sum of $850,000.00. Defendants breached the contract and we immediately filed suit on behalf of Plaintiffs seeking monetary damages. Under New Jersey law, in a declining real estate market, the measure of a seller's damages is the difference in the initial contract price and the eventual re-sale price of the parcel, plus consequential damages. Plaintiffs eventually sold their house for $707,000.00 (a difference of $143,000.00 from the initial contract with Defendants). Immediately after filing suit, we moved for summary judgment and, while the motion was pending, obtained a favorable settlement of the lawsuit in a cost-effective and expeditious manner, and for nearly the entire difference in the purchase price.
  • $126,000 – Personal Injury Verdict.  In the Winter of 2001, one of our clients was walking in the parking lot of an Atlantic City Casino. Her left ankle was caught in a 1/2" to 1/8" depression, causing her to trip and fall. The Casino took a "no pay" position until after we presented all evidence at trial in April 2003. We brought into court a poster-board sized blow up of an internal casino memo stating that the parking lot posed a "tripping hazard". Nevertheless, the Casino argued that the accident was our client’s fault.  The jury disagreed and returned a verdict of $126,000.00. The defendants did not appeal.
  • $100,000 - Personal Injury Settlement.  Our client, S.B. who was handicapped and confined to a wheelchair since birth, was severely injured when his Home Health Aid, negligently transferred him out of his wheelchair. He sustained a displaced femur fracture requiring two operations with the insertion of a metal rod. We achieved a pre-trial settlement for our client in the amount of $100,000.00. 
  • $92,500 – Motor Vehicle Accident Settlement.  Our client, Anita Korsonsky, was a pedestrian struck and injured by a motor vehicle in April 2005. We obtained a settlement for our client at the first court conference in November 2005 in the amount of $92,500.00.