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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.
Class Action v. Medco Health Solutions, Inc.
AAA Claim No. 11 193 00546 06
In August 2008, Frier & Levitt was awarded class certification on behalf of thousands of retail compounding pharmacies across the United States in a class action against Medco Health Solutions, Inc.. Medco is one of America’s largest Prescription Benefits Managers (PBM). The damages in the Medco litigation are expected to be in excess of $15 million.
Example of Arbitration Award; $1,600,000.00
Nuesa, et al. v. Ali
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.
Example of Product Liability and Wrongful
Death Litigation; $1,500,000.00
In October 2001, a Frier & Levitt client was tragically killed
by a defective truck manufactured by a Japanese company. We aggressively
commenced suit days after the accident, arguing to the Assignment
Judge that we needed to take immediate possession of the defective
truck. Agreeing that the defendants or some other party might
alter the truck from its defective condition, the Assignment Judge
ordered that the defective truck be held at a police station until
further Order of the Court.
After 15 months of complex product liability litigation pending
in New Jersey, the Japanese truck manufacturer and its United
States distributor agreed to pay the surviving spouse One Million
Five Hundred Thousand Dollars ($1,500,000.00).
Can a small, dedicated and aggressive law firm take on a corporate
giant such as a Japanese Truck manufacturer that is represented
by one of New Jersey’s largest law firms? In a word, "yes".
Example of Motor Vehicle Accident Non-Binding
Arbitration Award; $1,250,000.00
Confidential Arbitration Award, Superior Court of New Jersey,
Warren County. 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.
Example of Automobile Accident - Settlement; $372,000.00
Malikv. MECO, Schorr DePalma, State of New Jersey
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.
Example of Wrongful Death; $350,000 Settlement
Willner v. Kaufman, United States District Court for the District
of New Jersey On March 21, 2002, Izik Willner, was tragically
killed in an automobile accident. He was 75 years of age and retired.
We retained several expert witnesses, including a forensic pathologist
to address pain and suffering and an economist to provide an opinion
on the family's economic loss. In November 2004, we settled this
matter on behalf of our clients for the sum of $350,000.00.
Example of Personal Injury: $332,500.00
J.T. v. Anonymous Facility, et al., Superior Court of New Jersey,
Union County. 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.
Example of Legal Malpractice Settlement: $300,000
RM v. WB
RM, as lender, entered into an agreement to loan $200,000 to a third-party for home construction. RM retained an attorney, WB, to draft a mortgage and mortgage note to secure the $200,000 residential home loan. WB, as attorney, failed to timely record the mortgage for a period of 13 months during which time three separate mortgages were recorded in the aggregate amount of $1 million and gained “priority” over RM’s lien. The mortgaged property went into foreclosure and RM’s mortgage was “under water”. We settled the matter for $300,000, recovering principal, interest and attorney’s fees.
Example of Financial Consultant FINRA Settlement: $300,000.00
K.F. v. ABC Broker/Dealer (Confidential Agreement)
Claimants, two financial analysts, filed a FINRA arbitration against their former employer, a major financial investment brokerage firm. Plaintiffs 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.
June 2005 - $150,000 Settlement of Employment
Matter; Law Against Discrimination/Family Medical Leave Act;
”HA” v. “Employer”. 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.
Example of Employment Discrimination;
$145,000 Settlement
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.
Example of Commercial Litigation Settlement: $130,000.00
D.N. v. G.S., State of New Jersey
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.
Example of Personal Injury Litigation;
$126,000.00 Jury Verdict
in April 2003
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.
Example of Motor Vehicle Accident; $120,000
Jury Verdict
Price v. Gifford, United States District Court for the District
of New JerseyOur client, Edward Price, was struck in the back
by a car driven by the defendant, Shelly Gifford, while he was
walking in the parking lot at the A&P in Hoboken, New Jersey
on June 6, 2003. Mr. Price, who was 92 years old, fell to the
ground suffering a fractured right wrist, which ultimately required
carpal tunnel release surgery, as well as a right hip injury.
On behalf of the Defendant, Allstate Insurance Company offered
nothing until the time of trial. At trial Allstate offered $40,000.00,
which we rejected. On November 15, 2004, the jury found the driver
"negligent" and awarded our client $120,000.00 plus
pre-judgment interest and costs of suit.
Example of Personal Injury Accident;
$100,000.00
S.B. v. Anonymous Nursing Facility, et al., Superior Court of
New Jersey, Essex County. 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.
Example of Motor Vehicle Accident; $92,500.00
Korsonsky v. Bella Hacking Corp., et al., United States District
Court for the Southern District of New York. 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.
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