Lafayette College, B.A., cum laude, 1973; Columbia University, M.A., 1974
Law School Attended:
Antioch School of Law, J.D., 1979
Year of First admission:
1980, New Jersey and U.S. District Court, District of New Jersey; 1986, New York, U.S. District Court, Southern and Eastern Districts of New York, and U.S. Courts of Appeals for the Second, Third and Fourth Circuits; 2012, U.S. Supreme Court
- Member, New Jersey State Bar Association
- Member, Association of the Federal Bar of New Jersey
- Member, Marie L. Garibaldi Inn of Court for Alternate Dispute Resolution
- Member, Association for Corporate Growth New Jersey
- Member, American Bar Association
- Member, New York State Bar Association.
Newark, New Jersey, June 9, 1952
*** Balsamides v. Perle, a notable and nationally recognized 1999 New Jersey Supreme Court case in which Mr. Pralgever won a unanimous decision regarding the use of a "marketability discount" in the forced sale of a close corporation. This is the leading valuation case for partnership or corporate dissolutions in New Jersey, also used as a valuation case in divorce proceedings in the state *** Rilley v. Ceridian 664 F.3d 38 (3d Cir 2011). Mr. Pralgever made new law in a Third Circuit Class Action case concerning Identity Theft Protection. The case involves the “increased risk of identity theft resulting from a security breach of unencrypted material from a laptop computer.” The court held standing must be established by “actual injury,” not the mere threat of future injury. *** Conchita Smith v. Medpointe Healthcare, Inc., et al. A 2007 N.J. District Court and Third Circuit case in which Mr. Pralgever represented Medpointe, a pharmaceutical company, against a plaintiff alleging discrimination under the Family and Medical Leave Act, age, sex, and COBRA laws. The employee was terminated for missing eleven months of work in an eighteen month period in violation of the Medpointe's published attendance policy. The court ruled that the plaintiff failed to show any evidence of “retaliation” or that the employer's legitimate, non-discriminatory reason for termination was a “pretext for discrimination.” *** Palisadium Management Corp. v. Carlyle Towers Condominium, Inc., (Superior Court of New Jersey, Bergen County 2014). Mr. Pralgever won a precedent setting breach of contract action for Carlyle Towers, a large condominium association in Cliffside Park, NJ. The Carlyle had a 75 year contract with a health club, the Palisadium, which claimed the Carlyle owed $2.5 million in fees. The contract with the Palisadium, a health club and separate entity, had been established by the developer when he built Carlyle Towers. In granting the Carlyle's motion for summary judgment, the Superior Court dismissed plaintiff's case in its entirety because the judge determined the 75 year contract was “unconscionable and illegal” pursuant to certain sections of the Condominium Law, N.J.S.A. 46:8B-32 because the contracting condominium board was not comprised of more than 50% of condominium owners, as oppose to the developer. Therefore, the court declared the agreement void ab initio (void from the outset) regardless of the ensuing course of conduct of the parties. *** GF Princeton v. The Herring Land Group. This precedent setting “Ground Lease” case involved the total denial of ground rent due under a 60 year Ground Lease due during a five (5) year rent renewal process due to the lessor's refusal to abide by the contractual appraisal process. The case was tried in the United States District Court for the District of New Jersey, and affirmed by the Third Circuit Court of Appeals in 2013. *** Metem Corporation v. Stephen Chen, a three and a half month 2003 trial 2003 in New Jersey Superior Court which concerned the client's right to repurchase a 60% interest in a subsidiary/sister corporation. Mr. Pralgever relied on the New Jersey Oppressed Minority Shareholder Statute to successful demonstrate oppression of the minority shareholders, with the client winning the right to buy back the company, together with the technology sold by the parent to the subsidiary, despite the fact that the parent corporation's owners only controlled 40% of the subsidiary. ** Other New Jersey Supreme Court cases include Barry v. Arrow Pontiac, a consumer fraud case concerning false advertising practices by automobile dealers involving commercial speech, and Friedman v. Friedman, a case involving conflicts of interest. *** A. Pflugh, Inc. v. Aspar Construction Company, argued by Mr. Pralgever in the Third Circuit and United States District Court of New Jersey, which concerned the necessity to secure a supersedeas bond in a construction litigation matter involving the United States government. *** Appearing before the Court of Appeals in New York, Mr. Pralgever represented Turner Construction Company in a contract dispute over the New York corporate headquarters of Goldman Sachs and confirmation of an arbitration award.