Litigation and Appeals
Litigation and appeals are handled from our office in Hackensack, by the civil litigation attorneys of Goldman, Davis & Gutfleish, P.C., who provide legal advice and counsel to businesses and individuals in New Jersey and New York.
Each of our legal divisions is led by some of the area’s most competent attorneys in that field. Of course, many of these areas of practice are interrelated. Our attorneys are experienced with multiple practice areas and each case is handled by a team of experienced lawyers. This approach benefits our clients in many ways. For example, our business litigation attorneys lend their experience to ensuring that corporate transactions are handled in such a way as to proactively minimize the likelihood of future court battles.
- Civil litigation overview: Our attorneys assist clients with a wide variety of disputes involving commercial contracts; the Uniform Commercial Code; purchase and sale of businesses and real estate; leases; banking; corporate lending; construction disputes for developers, contractors and subcontractors; fraud and RICO claims; securities; claims against public entities; and defamation.
- Chancery practice: Our lawyers represent clients in chancery proceedings, handling injunctions and temporary restraining orders in business disputes, real estate disputes, and shareholder and partnership litigation.
- Personal Injury Law: Our lawyers represent plaintiffs in personal injury cases and wrongful death litigation. If you are facing serious injury caused by the negligence of another person, or if you have lost a loved one in an untimely accident, our Hackensack personal injury attorneys have the knowledge and experience necessary to effectively represent your interests and resolve your legal problem.
- Appellate practice: Our firm is accustomed to the complexities of the appeals courts and procedures. Our firm represents clients in civil appeals in the state and federal courts involving corporate litigation, commercial/business litigation, chancery and probate litigation, family law disputes and other civil litigation. Many of the appellate cases handled by the firm have resulted in precedent-setting decisions.
- Employment Law: Our lawyers represent employers and employees with discrimination litigation, wrongful discharge, and employment contracts.
- Alternative dispute resolution: Our team of mediators and arbitrators work to reach cost-effective and workable resolutions outside the traditionally adversarial courtroom setting.
We have diverse experience in all areas of civil litigation and arbitration with concentration in those areas which affect businesses and professionals. The firm is large enough and sophisticated enough to handle the most complex and demanding litigation, without being so large that we lose the ability to provide you with highly personal service, involving you in the entire process.
Our general litigation attorneys have represented a diverse group of clients throughout New Jersey and metropolitan area of New York in all forms of litigation including, but not limited to:
- Breach of contract and other contract disputes: claims and defenses as well as warranty claims and defenses
- Real estate litigation, brokerage claims and land use cases
- Construction litigation and arbitration
- Bankruptcy and Bankruptcy Litigation
- Creditor’s rights
- Commercial Transactions
- Debt Collection
- Statutory legislation including Uniform Commercial Code and RICO
- Banking and securities litigation, lender liability
- Claims against public entities and restrictive covenants
- Insurance coverage disputes
- Will contests and probate litigation
- Personal injury claims, libel and slander, and much more
- Financial Institutions and Other Lenders
- Fiduciary Representation
Our experienced general litigation attorneys have appeared before the state and federal Courts in New Jersey and New York, appellate courts, the United States Court of Federal Claims, and numerous arbitration and mediation panels, including the American Arbitration Association.
On many occasions, our lawyers have been asked to control or oversee litigation conducted on behalf of our New Jersey clients by lawyers in jurisdictions throughout the world. Our general litigation attorneys provide the highly personalized service that gives peace of mind to our clients, assured that they have our undivided loyalty and our best efforts in every case.
Most litigation is resolved in civil courts. However, specific relief, such as an injunction or restraining order must be filed in the chancery division. Our chancery litigation attorneys represent small businesses, professionals and individuals facing disputes in the chancery court.
Chancery litigation is a time-sensitive, specialized and technical area of the law. Our lawyers have comprehensive understanding of chancery court procedures and can provide timely response when you need it done.
Our chancery practice is wide ranging. We assist clients seeking an injunction or restraining order over a broad spectrum of legal areas. We also provide representation to clients defending the imposition of an injunction or TRO. Our chancery practice includes cases involving:
- Temporary Restraining Orders (TRO)
- Protective Orders
- Mortgage foreclosure
- Partitions of real estate
- Special Fiscal Agent
- Shareholder actions
- Dissolution of partnerships/joint ventures/corporations
In Chancery Court cases, the object of the litigation is to force the other side to perform a specific action or refrain from that action. Preventing someone from crossing your property when they lack an easement, or forcing an “accounting” from a business partner to accurately determine the assets of a business that is being dissolved are two examples. Injunctions generally are available only when there is no adequate remedy at law, meaning no amount of money damages will make you whole. Our attorneys vigorously represent clients and ensure their interests are protected.
We represent clients in state civil appeals in New Jersey and federal civil appeals in the Third Circuit Court of Appeals in Philadelphia. We attribute our success to the experience, dedication, knowledge and perseverance of our professional appellate team. If you have received adverse results on a motion or on the entire disposition of your case, speak to our civil appeals attorneys for experienced counsel on your case. Contact our appellate lawyers, led by Evan L. Goldman to discuss your case.
While we are capable of taking on appeals from any of our areas of practice, our appellate practice is centered on appeals involving:
Our personal injury and wrongful death law practice includes claims resulting from motor vehicle accidents, defective products, construction or workplace accidents, and other serious accidents. Some of our areas of special interest in the field of personal injury include:
- Professional malpractice claims: We represent plaintiffs and defendants in professional negligence claims involving doctors, dentists, lawyers, chiropractors, engineers, architects and other professional persons.
- Mold infestation: Exposure to toxic mold can lead to serious health conditions, property damage and other problems. Our attorneys pursue liability for mold infestation.
- Insurance coverage litigation: Our firm represents corporations and individuals whose claims have been denied by their insurers, including health, homeowner’s, professional malpractice, disability, and life insurance policies.
Alternative Dispute Resolution
Mediation in Bergen County, New Jersey
Alternative dispute resolution (ADR) methods are often a way to effectively resolve a legal dispute in a cost effective manner that achieves a favorable result for all parties involved.We offer mediation and arbitration services throughout the New York/New Jersey Metropolitan area. Our goal is to work together with both sides of a dispute to reach a workable resolution.
Court Appointed or Private Services
In New Jersey, family and divorce mediation or arbitration is very common. However, our attorneys provide mediation services involving a full range of legal issues. We handle court appointed and private arbitrations and mediations in the following:
As qualified mediators and arbitrators, we neutrally review each side’s position, evidence and perspective. Through this process, we are able to provide objective advice to the parties involved. Our mediators work to bring the parties together to reach a resolution in a cost effective manner.
We also work with individuals who are involved in mediation or arbitration and serve as their attorneys. Our attorneys regularly represent clients in court ordered and private mediation and before the American Arbitration Association and other private tribunals.