Representative Matters

Antitrust & Competition
• Presided over the following matters while on the bench:

  • Spanish Sports Network, LLC v. Spanish Football Productions, LLC, 2021 WL 2284260 (D.N.J. May 31, 2021): Lanham Act, unfair competition and deceptive trade practices action between competing media and broadcast production companies vying for right to produce and broadcast Spanish-language Philadelphia Eagles’ games; granting motion to dismiss in part, after which matter settled
  • Nahas v. Shore Med. Ct, 473 F. Supp. 3d 383 (D.N.J. 2019), aff'd, 828 F.App’x. 89 (3d Cir. 2020): Antitrust action by surgeon against hospital committee under Sherman Antitrust Act and bevy of state laws for denying surgeon privileges to perform endovascular procedures; granting summary judgment to defendants on all federal claims and declining jurisdiction on remaining state claims
Business & Commercial
• • Mediated matter involving claims for breach of contract and indemnification against security company in connection with ransomware attack on claimant’s computer systems 
  • Mediated matters involving allegations that major banking institution charged customers for add-on products and services  

  Presided over the following matters while on the bench:

  • Rastelli Partners, LLC v. Baker, 2023 WL 4677699 (D.N.J. Jul. 21, 2023): Application for permanent injunction against ex-NFL player, partner in joint venture with plaintiffs and “Shark Tank” television show investor Daymond John, who allegedly breached non-disparagement provisions of settlement agreement through social media posts and other comments; granting plaintiffs’ application for permanent injunction
  • Johnson v. Mazie, 2024 WL 2022719 (D.N.J. May 7, 2024) (appeal filed): Proposed class action regarding law firm’s allegedly excessive MDL settlement fees; granting on grounds of collateral estoppel defendants’ motion for judgment on the pleadings; see also Kugler 2022 decision in Martino v. Mazie, 2022 WL 1443689 (D.N.J. May 6, 2022), aff’d, 2023 WL 1990306 (3d Cir. 2023)
  • Dinicola-Ortiz v. Geico Indem. Co., 2024 WL 1827611 (D.N.J. Apr. 26, 2024): Putative class breach of contract action alleging insurer underpaid actual cash value on potentially thousands of vehicles that sustained extensive damage after being involved in accidents; denying motion to dismiss
  • Triola v. DolgenCorp, LLC, 2022 WL 16834579 (D.N.J. Nov. 9, 2022): Action between store manager and discount chain department store involving allegations of pregnancy and gender discrimination and hostile work environment; granting motion to compel arbitration where terms of parties’ agreement were unambiguous
  • Easterday v. USPACK Logistics LLC, 2022 WL 855583 (D.N.J. Mar. 23, 2022), appeal dismissed, 2024 WL 1731541 (3d Cir. 2024): Analyzing arbitration agreement pursuant to N.J. Arbitration Act and holding that employee and proposed class members were not subject to arbitration where agreement’s language was too vague regarding legal rights employee had signed away; see also 2023 WL 4398491 (D.N.J. Jul. 6, 2023) (class action settlement preliminarily approved)
  • Gen. Motors LLC v. Ashton, 2021 WL 2549498 (D.N.J. Jun. 22, 2021) and 2022 WL 203245 (D.N.J. Jan. 24, 2022): Action against former officer and board member for fraud and breach of fiduciary duties in connection with alleged kickback scheme; staying action due to defendant’s bankruptcy
  • Hill v. Commerce Bancorp, Inc., Civil No. 09-3685 (D.N.J.) (Hill): Breach of contract action brought by former chairman, president and CEO against bank board of directors relating to over $11 million in “golden parachute” severance payments allegedly due under terms of employment agreement; presided over nine-day jury trial; jury returned verdict in favor of bank; see also Hill, 586 F.App’x. 874 (3d Cir. 2014) (denying motion for new trial)
  • City of Atlantic City v. Zemurray St. Capital, LLC, 2017 WL 6638203 (D.N.J. Dec. 29, 2017): Action alleging breach of contract, fraud, conversion and fraudulent concealment claims involving agreement to distribute and manage $3 million in municipality’s community loan funds
  • DeBellis v. Hollahan, 2017 WL 2482865 (D.N.J. Jun. 8, 2017): Action asserting claims for specific performance, breach of contract, conversion, fraud, theft, slander, libel and defamation in connection with alleged gift or sale of three brood mares; presided over jury trial; jury returned verdict in favor of plaintiff
Civil Rights
• Presided over the following matters while on the bench:

  • Interstate Outdoor Advertising v. Zoning Board of the Township of Mount Laurel, 2011 WL 4386577 (Sept. 13, 2011), aff’d, 706 F.3d 527 (3d Cir. 2013): Involving issue whether zoning ordinance prohibiting erection of outdoor advertising displays was unconstitutional on First and Fourteenth Amendment and N.J. State Constitution grounds; granting defendant’s motion for summary judgment
  • In re Bayside Prison Litigation: Individual actions by approximately 600 prison inmates alleging personal injuries and violations of civil rights as result of excessive force allegedly used during state crackdown following murder of corrections officer; after 14 bellwether trials and numerous appeals, parties agreed to resolve remaining claims through binding arbitration; see In Re: In Re Bayside Prison Litigation, 477 F.App’x. 16 (3d Cir. 2012) for description of cases
  • 181 South, Inc. v. Fischer, Civil No. 04-05916, aff’d, 454 F.3d 228 (3d Cir. 2006): Action by Atlantic City adult cabaret seeking injunction against state director of alcoholic beverages to bar enforcement of regulation prohibiting “any lewdness or immoral activity” in liquor-licensed establishments; denying plaintiff’s request for declaratory and injunctive relief
  • Stadler v. Abrams, Civil No. 13-2741, aff'd, 78 F.App’x. 66 (3d Cir. 2019): Jury verdict in favor of plaintiff who alleged police used excessive force (a police dog that mauled him) during his arrest; court had denied defendant's Daubert motions
  • Lentz v. Taylor, 2019 WL 1091392 (Mar. 8, 2019), aff’d, 2021 WL 5121247 (3d Cir. 2021): Teacher and administrator sued various officials of school district alleging existence of conspiracy to fire and bring criminal charges against her in violation of, inter alia, 42 U.S.C. Section 1983; dismissing various claims against several defendants
Class Action & Mass Tort
• Presided over the following matters while on the bench:

  • In re: Valsartan, Losartan and Irbesartan Products Liability Litigation, Master Docket No. 19-MD-2875 (D.N.J.): Multidistrict litigation arising from extensive Food and Drug Administration recall in the United States of generic hypertensive drugs contaminated with probable genotoxic human carcinogens
  • In re Benicar (Olmesaratan) Products Liability Litigation, Master Docket No. 15-MD-2606 (D.N.J.): Multidistrict litigation involving approximately 1,900 plaintiffs arising out of allegations that blood pressure drug allegedly caused gastrointestinal injuries; parties reached settlement covering approximately 2,000 filed cases and thousands of claimants
  • Hart v. Wells Fargo Bank, N.A., 2022 WL 1963666 (D.N.J. Jun. 6, 2022), aff’d, 2023 WL 3244574 (3d Cir May 4, 2023): Proposed class action involving allegations that Wells Fargo charged improper inspection fees; granting defendant’s motion to dismiss on grounds of collateral estoppel
  • Galgano v. TD Bank, N.A., 2021 WL 2472331 (D.N.J. Jun. 17, 2021): Putative consumer class action involving allegations that bank improperly assessed and collected out-of-network ATM balance inquiry fees; granting in part motion to dismiss; parties eventually settled action
  • Heinz v. Dubell Lumber Co., 2020 WL 6938351 (D.N.J. Nov. 23, 2020): Granting motion for class certification in action by employees of lumber company who alleged that company terminated employees without timely notice as required under Worker Adjustment and Retraining Notification (WARN) Act
  • Pope v. Navient Corp., 2021 WL 926611 (D.N.J. Mar. 9, 2021): Granting motion for class certification in securities class action pursuant to Sections 10(b) and 20(a) of the Securities and Exchange Act of 1934 and Rule 10b-5 against one of the largest student loan servicers in the United States
  • In re Paulsboro Derailment Cases, Master Docket No. 13-784 (D.N.J.): Actions for negligence stemming from freight train derailment that resulted in major carcinogenic gas leak affecting N.J. township
Construction Defect
• • Mediated matter between two Fortune 500 companies involved in dispute over allegedly defective products 
Employment Law
• Discrimination

  • Mediated former employee’s claims against employer, supervisors and co-workers involving allegations of discrimination based on sexual orientation, hostile work environment, retaliation and aiding and abetting in violation of the New Jersey Law Against Discrimination (NJLAD) and the New Jersey Civil Rights Act
  • Mediated matter involving alleged violations of NJLAD for racial discrimination, harassment and aiding and abetting against manufacturing company
  • Mediated allegations of sexual harassment against real estate agency

  Presided over the following matters while on the bench:

  • Williams v. Lenape Board of Educ., 2020 WL 2111221 (D.N.J. May 4, 2020): Action involving allegations under NJLAD, among other laws, that Black high school student was denied playing time on school’s varsity football team on account of his race and was subjected to racial slurs and hostile environment; settled after defendants’ motion for summary judgment was granted in part
  • Andre v. Lourdes Cardiology Services, 2021 WL 3879075 (D.N.J. Aug. 30, 2021): Granting partial summary judgment to defendants with respect to medical assistant’s Family and Medical Leave Act (FMLA) and disability discrimination claims and denying it in part with respect to her claims under Title VII, the Fair Labor Standards Act (FLSA), the N.J. Wage and Hour Law (NJWHL) and related discrimination and retaliation claims
  • D'Agostino v. Kendall, 2021 WL 4860095 (D.N.J. Aug. 4, 2022), aff’d, 2024 WL 1209745 (3d Cir 2024): Plaintiff sued United States Air Force after his employment was terminated, alleging violations of the Americans with Disabilities Act (ADA), Title VII, the Rehabilitation Acts and other laws; granting partial summary judgment to defendant; verdict was entered in favor of defendant on remaining claims after bench trial
  • Carter v. PSEG Services Corp., 2021 WL 3206809 (D.N.J. Jul. 29, 2021): Action involving former employee who alleged he was subject to racial discrimination and retaliation, in violation of Title VII, and ongoing harassment; granting in part defendant’s motion to dismiss plaintiff’s (pre-EEOC filing) retaliation cause of action because plaintiff had not properly exhausted his administrative remedies

  Compensation

  • Mediated dispute between law firm and attorney over compensation issues

  Labor Law
  Presided over the following matters while on the bench:

  • Carrow v. FedEx Ground Package Sys. Inc., 2019 WL 7184548 (D.N.J. Dec. 26, 2019): Granting renewed motion for class certification by truck and van driver employees (but not independent contractors) who brought claims pursuant to N.J.’s Wage Payment Law and its Consumer Fraud Act; case settled after class action was certified
  • Local 827 Int’l Brotherhood of Elect. Workers v. Verizon New Jersey, Inc., 02-1019, slip op., (D.N.J. Nov. 23, 2004), aff’d, 192 F.App’x. 132 (3d Cir. 2006): Granting partial summary judgment to union in action involving interpretation of collective bargaining agreement under Labor Management Relations Act (LMRA)

  Sexual Harassment
  Presided over the following matters while on the bench:

  • Yucis v. Sears Outlet Stores, LLC, 2019 WL 2511536 (D.N.J. Jun. 18, 2019), aff'd in part and modified in part, 813 F.App’x. 780 (3d Cir. 2020): Action involving retail customer who alleged she was sexually harassed by defendant’s sales manager

  Wrongful Termination
  Presided over the following matters while on the bench:

  • Henson v. Daimler Truck North America LLC, 2013 WL 3072532 (D.N.J. Apr. 25, 2023): Action involving alleged violations of N.J.’s Conscientious Employee Protection Act (CEPA) and Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (CREAMMA) by employee who participated in workplace drug test; dismissing claim involving CEPA; parties eventually settled matter
  • Beu v. City of Vineland, 2021 WL 856882 (D.N.J. Mar. 8, 2021): Chief of police brought action against city under First and Fourteenth Amendments and CEPA, as well as causes of action for conspiracy and defamation; granting motions to dismiss civil rights and CEPA claims
Insurance
• • Served as Neutral Evaluator in action involving group of insurers’ denial of coverage for several hundred million dollars’ worth of damages allegedly caused to paintings by residential fire 

  Presided over the following matters while on the bench:

  • Cedar Run Orthodontics, P.A. v. Hartford Fin. Services Grp., Inc., reported at 2021 WL 5083814 as Cedar Run Orthodontics, P.A. v. Sentinel Ins. Co. (D.N.J. Nov. 1, 2021): Addressing question whether virus exclusion provision of policy precluded recovery for losses sustained by dental practice during COVID-19 pandemic; granting defendants’ motion for judgment on pleadings since doing otherwise would effectively be rewriting parties’ policy
  • Liguori v. Certain Underwriters at Lloyds London, 2015 WL 4402851 (D.N.J. Jul. 17, 2015): Breach of contract action involving issue whether language in insurer’s letter partially denying coverage on homeowner’s insurance policy for Superstorm Sandy–related damage was ambiguous; denying insurer’s motion for summary judgment
  • Consol. Rail Corp. v. Aspen Specialty Ins. Co., 2019 WL 2417704 (D.N.J. Jun. 10, 2019): Action involving coverage for costs incurred in reconstruction of bridge involved in train derailment; granting summary judgment to defendant
Intellectual Property
• Copyright

  Presided over the following matters while on the bench:

  • Internet Products LLC v. LLJ Enterprises, Inc., 2020 WL 6883430(D.N.J. Nov. 24, 2020): Action between businesses selling table pad protectors and piano covers alleging, inter alia, copyright and trademark infringement, and cyberpiracy under the Lanham Act. Denying motion to dismiss
  • Hunsberger v. Original Fudge Kitchen, 2020 WL 6620156 (D.N.J. Nov. 12, 2020): Copyright infringement action involving allegations by professional photographer that several businesses infringed his copyright for various advertising brochures
  • TD Bank, N.A. v. Hill, Civil No. 12-7188 (D.N.J. Jun. 14, 2016), affirming in part and vacating in part, 928 F.3d 259 (3d Cir. 2019): Copyright infringement matter involving bank allegations that segments of book its well-known former CEO wrote infringed manuscript CEO co-authored with someone hired by bank during CEO’s tenure at bank

  Patent

  • Mediated highly-publicized matter involving the alleged infringement of several patents covering genomic technologies 

  Presided over the following matters while on the bench:

  • Eagle View Technologies, Inc. v. Xactware Solutions, Inc., 358 F. Supp. 399 (D.N.J. 2019) (Eagle View): Infringement action involving patent for imaging, modeling and rendering of aerial rooftop measurements; Markman hearing and summary judgment motions decided; see Eagle View, 485 F. Supp. 3d 505 (D.N.J. 2020) for Judge Bumb’s description of matter, appeal dismissed, 2021 WL 5293850 (Fed Cir. 2021); case eventually settled
  • Sabinsa Corp. v. Herbakraft Inc., Civil No. 14-4738 (D.N.J.) (Sabinsa): Action for patent infringement involving curcuminoid products was settled; judgment was entered on breach of settlement agreement, and sanctions were imposed on defendant; see Sabinsa, 2022 WL 17446485 (D.N.J. Dec. 6, 2022) for description of matter
  • MEI, Inc. v. JCM Am. Corp., see 2009 WL 3335866 (D.N.J. Oct. 15, 2009) (for general description of matter), appeal dismissed, 364 F.App’x. 648 (Fed. Cir. 2010): Infringement action involving patents for vending machine currency changer; case settled after Markman hearing
  • Neev v. Abbott Med. Optics, Inc., 2012 WL 1066797 (D. Del. Mar. 27, 2012): Infringement action involving lasers used for eye surgery; case settled after Markman hearing
  • Shire Dev. LLC v. Amneal Pharm. LLC, 2016 WL 4119940 (D.N.J. Aug. 2, 2016): Abbreviated new drug application (ANDA) case where plaintiff alleged patent infringement for controlled-release oral pharmaceutical compounds
  • Motson v. Franklin Covey Co., 2005 WL 1541023 (D.N.J. Oct. 24, 2005): Patent infringement matter involving portable organizers; summary judgment granted in part at 2005 WL 1541023 (D.N.J. June 30, 2005); Federal Circuit remanded the case at 274 F.App’x. 890 (Fed. Cir. 2008) for further proceedings consistent with settlement agreement; amended on reconsideration

  Trademark

  Presided over the following matters while on the bench:

  • Parikh Worldwide Media, LLC v. Sheth, 2021 WL 856901 (D.N.J. Mar. 8, 2021): Trademark dispute between publishers of weekly newspapers and television for Indian communities and individual defendant who maintained two news websites for the same communities; denying motion to dismiss
  • Rockwell Automation, Inc. v. Radwell Int’l, Inc., 416 F. 3d 366 (D.N.J. 2019): Trademark action between manufacturer and seller of products for use in industrial automations systems and dealer of same; case settled after resolution of dispositive motions
  • Hit Doctor Tri State Arsenal LLC v. Barth, 2020 WL 729152 (D.N.J. Feb. 11, 2020): Baseball hitting consultant sought preliminary injunction to prevent defendant from using what plaintiff claimed were his licensed trademarks; denying motion; trademark not infringed
  • EMSL Analytical, Inc. v. Testamerica Analytic Testing Corp., 2006 WL 892718 (D.N.J. Apr. 4, 2006): Trademark infringement action between analytical and laboratory testing service and indoor air quality laboratory service; denying plaintiff's application for preliminary injunction
Personal Injury & Tort
• • Mediated matter involving serious injuries allegedly suffered by patron of fitness center due to malfunctioning of center’s exercise equipment

  Presided over the following matters while on the bench:

  • Laroche v. Burki, Civil No. 21-13918 (D.N.J.): Defamation, privacy, false light and tortious interference allegations brought by university professor against former son-in-law, who filed counterclaims alleging that professor violated invasion of privacy and federal and state wiretap laws; defendant’s motion for partial summary judgment denied at 2023 WL 4946651 (D.N.J. Aug. 3, 2023); one-week jury trial had; Judge Kugler subsequently vacated the judgment
  • Montalvo v. Larchmont Farms: Action by seasonal farm workers who alleged they became ill after exposure to pesticides; plaintiffs were awarded $650,000 by jury for claim sounding in intentional tort; see Montalvo, 2009 WL 4573279 (D.N.J. Dec. 3, 2009)(granting in part plaintiffs’ motion for summary judgment)
  • Toledo v. MGM Resorts Int’l, Civil No. 17-04218 (D.N.J.), aff’d, 2021 WL 5861283 (3d Cir. 2021): Negligence action by plaintiff allegedly injured while walking through retail section of casino; granting summary judgment to defendants after plaintiff's expert excluded
Product Liability
• Presided over the following matters while on the bench:

  • Cilluffo v. Subaru of America, 2024 WL 1270814 (D.N.J. Mar. 26, 2024): Proposed class action involving allegations that Subaru Starlink vehicle infotainment systems were defective; granting in part defendant’s motion to dismiss
  • Appleby v. Glaxo Wellcome, Inc., 2005 WL 3440440 (D.N.J. Dec. 13, 2005): Action against manufacturer of Lotronex, prescription drug ingested by plaintiff to treat irritable bowel syndrome; granting summary judgment to manufacturer after Daubert motions
  • Player v. Motiva Enterprises, LLC, 2006 WL 166452 (D.N.J. Jan. 20, 2006), aff'd, 240 F.App’x. 513 (3d Cir 2007): Twenty-seven property owners brought suit alleging contamination of properties by defendant gas station; summary judgment granted in part to defendant after plaintiffs' expert barred
  • Barrett v. Tri-Coast Pharm. Inc., 518 F. Supp. 3d 810 (D.N.J. 2021): Action against pharmacy for breach of warranties and violations of N.J. Products Liability Act (NJPLA) by individual alleging that his bacterial infection was caused by injectable hCG recalled by pharmacy; denying plaintiff’s motion for default judgment without prejudice
  • McMillan v. Johnson & Johnson, 2005 WL 2000203 (D.N.J. Aug. 19, 2005): Action involving allegations that defective prosthetic knee replacement was defectively designed and manufactured; granting summary judgment to defendant
Securities
• • Mediated opt-out action brought following filling of securities class matter involving alleged violations of Sections 10(b), 14(e) and 20(a) of Securities and Exchange Act of 1934 (Exchange Act) in connection with unsolicited hostile takeover bid involving global pharmaceutical companies 

  Presided over the following matters while on the bench:

  • Galati v. Commerce Bancorp, Inc., 2005 WL 3797764 (D.N.J. Nov. 7, 2005), aff’d, 220 F.App’x. 97 (3d Cir. 2007): Securities fraud class action involving allegations that bank violated Sections 10(b) and 20(a) of the Exchange Act by failing to disclose bid-rigging and other unlawful practices; granting motion to dismiss
  • McKowan Lowe Co. Ltd. v. Jasmine Ltd., 2005 WL 1541062 (Jun. 30, 2005), clarified, 2005 WL 8175786 (D.N.J. Aug. 23, 2005), aff'd, 231 F.App’x. 216 (3d Cir. 2007): Class action pursuant to Securities Act of 1933 and Exchange Act involving alleged misrepresentations and omissions in defendant’s registration statement and prospectus; granting summary judgment in part to some defendants in an opinion that, as the Third Circuit explained, is part of long history of actions and motions filed in action
  • CFTC v. Equity Fin. Group LLC, 537 F. Supp. 2d. 677 (D.N.J. 2008), aff'd, 572 F.3d 150 (3d Cir. 2009), cert. denied, Shimer v. CFTC, 130 S. Ct. 1737 (2010): Civil enforcement action involving multiple alleged violations of Commodity Exchange Act and CFTC regulations and commodity pool fraud, among others; entering judgment for the CFTC
  • Beltran v. SOS Ltd., 2023 WL 316294 (D.N.J. Jan. 19, 2023): Securities class action involving allegations that technology company made materially false statements concerning, inter alia, agreements with other “fabricated” companies and nature of crypto mining rigs it claimed to have purchased; granting final approval of class action settlement
  • Gross v. Navient Corp., 2018 WL 672640 (D.N.J. Feb. 2, 2018): Putative class plaintiffs alleged materially false and misleading statements causing loss to holders of Navient securities, in violation of Sections 10(b) and 20(a) of Exchange Act; parties settled matter
  • SEC v. Joseph Geromini, 2021 WL 2593651 (SEC Litigation Release No. 25120) (Jun. 23, 2021): SEC charged CEO of early-stage medical devices company with defrauding investors and misappropriating proceeds from two securities offerings, in violation of Section 17(a) of the Securities Act of 1933, as well as Sections 10(b) and 20(a) of Exchange Act; parties entered into a consent judgment; defendant was also indicted for securities and wire fraud and pled guilty before Judge Kugler