Professional Affiliations
· New Jersey State Bar Association
- Debtor-Creditor Law and Construction Law Sections
· Trial Attorneys of New Jersey
- Advisory Board, Civil and Environmental Engineering Department at New Jersey Institute of Technology, 2000-Present; Valley National bank, Professional Group Advisoring Council
Publications
· "Litigating the Contested Collection Case," Lorman Educational Services, 2000
Presentations
· "Collecting and Enforcing Judgments," NMM In-House Seminar, Bridgewater, New Jersey, April 30, 2008
· Panelist, "Collection Law in New Jersey," Lorman Educational Services, 2002-2003
Recent Decisions
· Received a decision from the Appellate Division reversing a trial court's dismissal of a real estate developer's claim for violations of 42 U.S.C. § 1983 based on the "continuing violations" exception to the two year statute of limitations applicable to such claims and remanding the matter for trial.
· Recovered a $588,618 Non-dischargeability Judgment from the United States Bankruptcy court in favor of a bank lender and against a principal of a title agency who participated in a conspiracy to defraud the lender.
· Obtained an affirmance from the Appellate Division of a trial court's decision following a bench trial awarding a real estate developer a $508,000 Judgment for pre-construction development expenditures in a failed real estate joint venture, piercing the corporate veil to impose personal liability on the joint venturer, and granting a recordable equitable mortgage on the real property to secure repayment.
· Obtained a summary, interlocutory reversal by the Appellate Division of a trial court's ruling allowing an adversary access to privileged materials in the files of a client's former attorney.
Jerome Gallagher is a member in the Litigation, Banking & Financial Services, Bankruptcy & Creditors' Rights and Construction Law Groups at Norris McLaughlin & Marcus. He engages in civil trial and appellate practice, and concentrates in the areas of commercial banking, creditors' rights, auto finance defense litigation, construction litigation and related matters, and title insurance litigation matters.
Jerry serves as New Jersey counsel to several national companies, including, Intercos Europe, SPA, JPMorgan Chase Bank, N.A., K. Hovnanian Companies, Premium Financing Specialists Corp. and Stewart Title Guaranty Co.
Jerry successfully defended and obtained an appellate court decision affirming the trial court's dismissal of "spoliation of evidence" claims asserted against a national financing company. He also obtained a jury verdict dismissing claims against a real estate developer for alleged violations of New Jersey's Consumer Fraud Act. Jerry regularly represents financial institutions and auto financing companies. He secured a favorable jury verdict in favor of a commercial equipment leasing company including dismissal of lender liability counterclaims; and he represented a banking institution in successfully opposing efforts by a consumer group to obtain certification of a putative class action brought against an automobile dealership and several banks.
On behalf of clients in the finance industry, Jerry successfully prosecuted a federal court action on behalf of an insurance premium finance company resulting in a summary judgment in excess of $1 million and the dismissal of the borrower's counterclaims. He also represented an insurance premium finance company in prosecuting fraud claims against a broker, which resulted in a monetary judgment and criminal prosecution of the broker by the State Attorney General's office. Jerry regularly represents a title insurance company to successfully obtain equitable subrogation of mortgages whose priority is clouded by an intervening lien. Jerry also represents a national homebuilder in residential and commercial construction disputes and a national automobile financial company in defense of consumer fraud act claims.