Melick and Porter Secures Major Legal Victory in Rhode Island Supreme Court Ruling
January 2025 • Source: Melick & Porter
M&P is thrilled to announce a significant legal victory for our client! In a decision by the Supreme Court of Rhode Island, the court ruled in our client’s favor, marking a monumental win involving a novel issue. The Supreme Court of Rhode Island affirmed the Superior Court’s decision where M&P successfully argued for a Motion to Dismiss in an efficient use of resources for our client.
We are also pleased to announce that the decision was the result of tireless advocacy on behalf of M&P associate, Gabriella Garofalo, who was tasked with arguing her first dispositive motion against a Plaintiff who brought a professional liability claim against M&P’s client. Gabriella argued that under Rhode Island law her client was shielded from liability pursuant to quasi-judicial immunity. The Court agreed with Gabriella granting the Motion to Dismiss and dismissing Plaintiff’s Complaint with prejudice.
Plaintiff appealed to the Supreme Court of Rhode Island. Gabriella briefed the matter, again emphasizing the clear protections afforded under the statute. Kurt Rocha argued the matter before Rhode Island’s highest court. The Supreme Court agreed, affirming the judgment of the Supreme Court.
This outcome is a testament to the dedication and hard work of our legal team, and we could not be prouder of the result. |
CSVL Recovers $168,000 in Stolen ACH Funds for North Dakota Manufacturer
January 2025 • Source: Copeland, Stair, Valz & Lovell, LLP
CSVL Partner Mark Lefkow and Associate Pamela Bispo da Silva recovered $168,000 for a Fortune Global 500 company headquartered in North Dakota that was the victim of an email cyber-fraud phishing scam. The client sent Automated Clearing House transfers to accounts per the instructions of criminal actors posing as the client’s supplier. CSVL obtained an injunction in the United States District Court for the District of North Dakota and issued discovery to the banks at which the criminal enterprise had laundered the funds. In the course of discovery, CSVL discovered that one bank had $168,000 in its client funds pending in suspense, and it obtained an order for the bank to deposit the funds into the court registry. Ultimately, CSVL obtained a default judgment against one of the accountholders that received ACH transfers, and the judgment includes an order for disbursement of the court registry funds to CSVL’s client. CSVL also found funds belonging to a non-client third party who was also defrauded and, as part of the judgment, it will distribute these funds back to the third party. |
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Zarwin Baum Defense Victory in New Jersey Real Estate Fraud Case
December 2024 • Source: Zarwin Baum
In a high-stakes, nearly three-week trial, Zarwin Baum attorneys Bryan Werley and Breana Barker secured a decisive defense victory in a New Jersey real estate fraud case. Representing a real estate broker and agent involved in the sale of a Haddonfield, New Jersey duplex, the legal team adeptly navigated through a web of complex legal issues to obtain a full defense verdict.
Although the duplex had existed for decades, unbeknownst to the Sellers, the zoning in the borough had changed to disallow duplexes. Following settlement on the property, the Plaintiff claimed they began to discover electrical, plumbing, and structural issues within the building that were undetectable during their inspections. To address these issues, the Plaintiff removed walls, ceilings, and other parts of the duplex to commence renovations and was subsequently advised by the Borough that they required a permit for the work. They applied for a permit for minor repairs, not the more significant repairs that were underway. Subsequently, they claimed they were informed that the property could no longer be restored to a duplex due to the intervening change in the Borough’s laws and would instead have to be rebuilt as a single-family home. They brought claims against the Sellers for misrepresentation, fraud, and breach of contract and against the broker/agent for violations of New Jersey’s Consumer Fraud Act, Common Law Fraud, and Negligence. The operative statute included the potential for treble damages and fee shifting, and Common Law Fraud included the potential for punitive damages. Plaintiff claimed that the repair of their property would have cost approximately four times the price they paid to purchase the duplex.
At trial, Werley and Barker demonstrated that the duplex was accurately marketed based on public records and that the agent was under no obligation to perform legal or zoning research—a responsibility that rested with the Plaintiff's real estate lawyer during due diligence. They meticulously contested each element of the fraud and consumer protection claims and effectively dismantled the Plaintiff’s asserted damages.
The jury returned a unanimous verdict, finding in favor of the defense on all claims. |
Star Employee Left? How Preemptive Collections Reduce Risk and Improve Case Outcomes
September 2024 • Source: Envista Forensics
The following scenario is all too common.
A high-powered employee leaves a company. Months later, the company suspected that the employee stole sensitive data on the way out the door because the CFO noticed a meaningful revenue reduction from the accounts the employee was responsible for.
Unfortunately, that employee's laptop, desktop, and company phone have all been wiped and reissued to new employees. The evidence of potential wrongdoing is gone, as is the company's recourse against the former employee.
As a expert with years of experience in high-stakes litigation, I've seen firsthand how the evidence landscape has shifted dramatically in our digital age.
Today, I want to discuss a critical strategy that can make or break a case: pre-emptive collections. This approach is not just about being prepared; it's about safeguarding your client's interests and ensuring the integrity of digital evidence from the outset.
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