Attorneys who comprise this department are in fact TRIAL attorneys. Each case is analyzed by the Chairman of the department and an active trial attorney, in an effort to identify those matters which are most likely to be tried and those which are most likely to settle. The approach, however, in the handling of each case is the same, unless directed otherwise by the client. The basic philosophy of this firm is to require our adversary to react to us, as opposed to us reacting to them. This is done by taking a positive, aggressive approach in the discovery process and the obtaining of information from outside sources. This sets the tone for the handling of the claim and immediately signals to our adversary that, whether it is a case to be settled or tried, he knows that he has his work ahead of him.
Geographically, the Tort Litigation Department handles litigation for our insurance clients and self-insured statewide in the 21 counties of New Jersey, six Pennsylvania counties, and the greater Las Vegas area. The attorneys of the department routinely try cases involving automobile, fall down, false arrest, libel, slander, medical malpractice, construction, and UIM and UM declaratory judgment actions.
In addition, since the inception of casino gambling in Atlantic City, we have provided legal representation to various casino properties. Each of these properties has its own risk management and legal departments with which we interface on a daily basis.
Therefore, we have gained more than 20 years of extensive experience in providing legal advice to all departments of these casino operations including security, construction, facilities, operations, and personnel.
Excess Exposure Liability: The firm created this practice area several years ago when it was called upon to monitor and participate in litigation where there was jury verdict exposure beyond the limits of the primary carrier. Typically, an excess carrier will request our intervention to monitor or participate in the lawsuit to protect their excess layer. These claims generally involve major exposure claims such as quadriplegia, amputation, brain injury or death. With 35 years of experience with catastrophic claims, Louis Niedelman exclusively handles High Exposure Excess Department matters with the assistance of his chief paralegal.
Professional Liability: The firm specializes in and handles, on a regular basis, professional liability lawsuits on behalf of real estate brokers, developers, appraisers, salespersons, as well as lawyers, doctors, nurses, hospitals, accountants, dentists, corporate directors and officers, architects, engineers, insurance agents and other specialty professionals. Louis Niedelman, with over 30 years of experience, combined with his continuing legal education in these areas, specializes in this area of practice.
Due to the extensive handling of transactional matters on behalf of its commercial clientele, the firm has a unique perspective on the handling of defense claims in the professional liability area.
Insurance Coverage: The contractual obligations of insurance policies are highly unique to that industry, and the firm continues to successfully meet the needs of our insurance carrier clients in defending coverage claims and lawsuits. When a declaratory judgment action must be filed, we have the necessary expertise to aggressively wage coverage litigation.
Environmental Insurance Coverage: New Jersey has long been a magnet for litigation seeking insurance coverage for environmental response costs. The firm has litigated numerous cases dealing with the issues often central to these policy disputes, such as the owned property exclusion, choice of law provisions, the "trigger" of coverage, and the sudden and accidental and absolute pollution exclusions. We have also provided guidance in interpreting and applying various types of insurance policies in the context of environmental claims.
Liquor Law and Restaurant Liability: The firm has specialized in this field ever since early decisions of the New Jersey courts allowed "dram shop" claims against taverns, restaurants and social hosts; and, we represent several insurance carriers that write only liquor law liability coverage. Therefore our expertise in this area is unequaled by other law firms.
Premises Liability: Our experience in this area includes the defense of claims involving retail stores, supermarkets, parking lots, strip malls, convenience markets, residential properties, and casinos. We have handled the defense of claims arising from slip-and-fall actions, escalator and elevator malfunctions, ingress and egress at doorways, snow removal, and parking lot claims. This area has become an increasing "hot bed" of activity. In a continuing effort to assist our clients with the handling of these matters and safeguarding against future liability, the members of the Defense Litigation team conduct in-house seminars on premises liability.
Products Liability: Louis Niedelman, the firm's senior trial lawyer, is an experienced advocate in this complicated and technical field. We have been successful in protecting the interests of retailers in the "chain of distribution" of products and/or food supplies that have fallen prey to products liability claims. Under indemnity principles, we have safeguarded retailers from many recourse claims.
Joseph D. Deal in our Cherry Hill office has represented an international distributor of computer keyboards in state and federal court in defense of the claims of more than thirty plaintiffs who are alleging repetitive stress injuries suffered from the use of keyboards.
Wrongful Employee Discharge: As a law firm with an office in Atlantic City, interaction with the casino industry is an everyday occurrence. This particular industry has become the major economic source of revenue for the region and has also become the major employer in the area. Nearly 60,000 individuals are employed at 13 casinos properties. Sheer numbers dictate that employees become disgruntled and file claims against employers for abuse and wrongful discharge. Over the last ten years our firm has defended, on behalf of management, Title VII and Civil Rights violations within this industry. Russell Lichtenstein and his team skillfully handle wrongful discharge suits for our various casino clients as well as for the insurance companies and self-insures we represent.
Auto and Truck Liability: Whether it be a "soft tissue" case or the most catastrophic wrongful death action, our attorneys have consistently excelled in this area of practice. Within this arena, presentation of facts and aggressive handling become a key part of each case. Trial strategies are established early under the guidance of Louis Niedelman, a Senior Trial Attorney and a Certified Civil Trial Attorney. The enactment of the New Jersey "Verbal Threshold" law significantly changed the rules of the game. Risk managers must now understand that they have an opportunity to challenge a pain and suffering claim because it does not meet the standards as defined by statute. Knowing the importance of this to our clients, in a period of nine months, we conducted in-house seminars for nearly 500 claims representatives.
Construction Litigation Claims: Louis Niedelman and William Kohler have accumulated a strong technical awareness in the defense of architects, engineers, contractors, and owners in numerous types of construction claims. These claims include those involving personal injury, construction accident, construction deficiencies, and architect/engineering malpractice, especially in facilities-design cases involving condominiums, apartment buildings, hotels, casinos, schools, shopping centers and office buildings. Our understanding of the complexities of this type of litigation, as well as a full comprehension of the relevant contractual clauses, specifically indemnification, and over half a century of legal experience has led to a significant success rate in this area of the law. With collective legal experience of approximately 42 years, the firm's knowledge in this area is unexcelled.
Environmental and Toxic Tort: Given the often huge expense associated with environmental claims, and the public's increased awareness of environmental issues, it is not surprising that environmental and toxic tort litigation has become pervasive. The firm has represented clients in large CERCLA (Superfund) cases, involving literally hundreds of parties and millions of dollars, as well as in (relatively) small matters, involving leaking residential oil storage tanks. Regular seminars and workshops also help our team keep abreast of the latest legal and technical developments in this highly sophisticated and constantly evolving field.
Uninsured Motorist, Underinsured Motorist, and Personal Injury Protection (PIP) Arbitration and Litigation: This burgeoning body of law is ever-changing and the firm conducts UM, UIM and PIP seminars for our insurance clients statewide.
