New Jersey partner Dennis Kearney and associate Denise Rosenhaft obtained a defendant's verdict January 21 in an insurance fraud case tried before Judge Paul Innes and a jury of eight in Mercer County, NJ, Superior Court.
The case, New Jersey Re-Insurance Company v. Wilkens Vincent, et al., involved claims brought by the plaintiff under the New Jersey Insurance Fraud Prevention Act as well as common law claims alleging civil conspiracy and civil aiding and abetting against Day Pitney's client, a chiropractor.
Plaintiff New Jersey Manufacturers, of which New Jersey Re-Insurance is a part of, was seeking $1.3 million in compensatory damages, trebled under the fraud statute, and legal fees. Dennis and Denise obtained a directed verdict on the civil aiding and abetting count, and the jury considered three counts: violation of the New Jersey Insurance Fraud Prevention Act (kickbacks under the Self-Referral Act), violation of the New Jersey Insurance Fraud Prevention Act (billing for services not rendered) and civil conspiracy.
Following six days of trial it took the jury just one hour to return a unanimous verdict of "No Cause" on every count. The verdict has even wider significance given that the President of the Society of Insurance Fraud Investigators attended every day of the trial. A loss would have likely subjected the client to additional actions by other carriers.
Joy Harmon Sperling, Christina Parlapiano and Michelle Moshe authored an article, "NJ Court Confirms Standing Based on Lost Note Affidavit, When Loss Is Prior to Assignment," published by the New Jersey Law Journal.
Christina Parlapiano and Adam Weiss authored an article, "NY Appellate Court Rules On Foreclosure De-Acceleration of Debt," published by Mortgage Daily.
Joy Harmon Sperling and Rachel Packer authored an article, entitled "Court Clarifies Standing Requirements if Note and Mortgage Separated," published by the New Jersey Law Journal.
Joy Harmon Sperling and Rachel Packer authored an article titled "New Jersey Appellate Division Upholds Priority of Mortgage Over Life Estate" in a recent edition of the New Jersey Law Journal.
Thomas J. O'Neill and Melissa Bruynell Manesse authored an article, "Mortgage Lender Loses Appeal in MA Foreclosure Case," for Mortgage Daily.
Jed Davis was quoted in a breaking news article, "New York eases proposed cyber regulations after industry complaints," published by Reuters.
Joy Harmon Sperling was featured in an article, "Rainmaker Q&A: Day Pitney's Joy Harmon Sperling," in Law360.
Stamford, Conn., August 24, 2015 - Day Pitney is pleased to announce that 68 attorneys have been selected for inclusion in the 2016 Best Lawyers in America. Best Lawyers ranks lawyers through peer-review surveys, and has been published annually since 1983.