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Major Case Wins

Examples Of Dughi, Hewit & Domalewski Major Case Wins

  • John Dughi secured a defense verdict on behalf of his client, a neuroradiologist who was alleged to have injured the plaintiff’s nerve root during a lumbar puncture, resulting in permanent and severe back pain and headaches. The plaintiff was a 43-year-old married father of four and former high-school and Ivy-League scholar-athlete, who claimed these injuries interfered with essentially all aspects of his life, from his career to his family life, and prevented him from engaging in any physical and athletic activities. Plaintiff’s last settlement demand was $5,000,000.  Cyndee Allert sat second chair to Mr. Dughi in securing the win. The case was tried to a jury in the Union County Superior Court over the course of 7 trial days. Wolfe v. Volvovsky, Docket No. UNN-L-3204-14.
  • Russ Hewit successfully defended a cardiologist in a wrongful-death case brought by the estate of a 39-year-old married father of one in the Essex County Superior Court. Plaintiff claimed the decedent had presented to the emergency room with signs and symptoms of an acute heart attack, including a significantly abnormal EKG, but was discharged home, where he died the next day. Plaintiff’s economist testified to projected loss of income and loss of care, guidance and advice to the surviving spouse and child of between $3.6 and $4.6 million.  The case was tried to a jury over the course of two weeks in Essex County.
  • Brandon Minde successfully defended two psychiatrists in a Union County Superior Court action brought by a former school teacher who sought damages for an involuntary psychiatric commitment that resulted from alarming comments at a staff meeting on teen suicide and safety. Mr. Minde proved that actions taken by the physicians were protected by NJSA: 30:4-27.7, which provides statutory immunity to healthcare professionals when making decisions regarding involuntary confinements necessary to protect an individual and/or safeguard the public. The case was tried over two weeks before Judge Mega, and resulted in a defense verdict for the firm’s clients.
  • In Cho vs. Trinitas Regional Medical Center, a significant medical-malpractice case reported at 443 N.J. Super. 461 (App. Div. 2015), John Dughi retried the case before the Hon. Thomas Walsh in Union County. The Appellate Division had overturned a prior dismissal at trial on the basis that in limine motions were improperly utilized as dispositive motions by the defense. After the second trial, which concluded on February 2, 2017, the outcome remained the same, with the defense prevailing.
  • John Dughi successfully secured a second no cause for action defense verdict in Komlodi vs. JFK Medical Center, reported at 217 N.J. 387 (2014), overturning a prior defense verdict on the basis of an improper application of the Scafidi pre-existing injury doctrine and Canesi vs. Wilson, reported at 149 N.J. 139 (1997), overturning a prior dismissal regarding a congenital-limb-reduction defect failure-to-warn case, determining the weight of Physicians’ Desk Reference and FDA warnings.
  • Craig Domalewski and Chuck Radler won a $2,438,000 arbitration award in private arbitration before The Honorable C. Judson Hamlin, J.S.C. (Ret.) in a complex-commercial dispute involving claims for breach of contract and the commercial misappropriation of our client’s name and likeness. The arbitrator rejected all of the defendant’s defenses and granted our client full damages. The arbitrator found that the defendants’ accounting of its wrongful profits was not credible based on numerous contradictions between the defendants’ accounting, tax returns, and internal business records developed by the firm during the arbitration between the defendants’ accounting, tax returns, and internal business records. The arbitrator’s award required the defendants to disgorge $1,171,000 in wrongful profits, plus $17,000 in contract damages, $900,000 for emotional distress and damages to our client’s brand, and $350,000 in punitive damages, plus interest.
  • Robert “Chip” Donnelly won a significant jury trial in the New Jersey Superior Court on behalf of the firm’s client, who was a defendant in the case. In the case, the plaintiff alleged that our client, a medical resident, failed to communicate important post-surgery information to the attending surgeon. All of the other defendants, including the attending surgeon, had settled with the plaintiff before trial. Mr. Donnelly presented a medical expert who testified that the resident had complied with the standard of care and properly kept the attending surgeon informed. The jury agreed and rendered a verdict of no cause of action in favor of the defendant.
  • Russ Hewit successfully argued the case of Strumph v. Schering Corporation, 133 N.J. 33 (1993), on behalf of Schering Corporation, upholding the learned-intermediary-doctrine principle in New Jersey and dismissing a pharmaceutical failure-to-warn case on lack of proximate cause, as the prescribing physician testified that he was aware of the risks of the drug and would still have prescribed the medication to plaintiff, even with a different warning.  Mary Beth Gazi (together with former firm partner Christopher J. Christie) co-authored the Appellate and Supreme Court brief with Mr. Hewit.
  • Representing Hoffman-La Roche, Inc., Russell Hewit was one of the lead-trial counsel in the Accutane mass-tort litigation before Judge Nelson Johnson in Atlantic County. Mr. Hewit was part of the defense-trial team that secured favorable verdicts in two of three plaintiff cases that were tried together. In addition, he secured a favorable verdict as part of the trial team in a second trial, which resulted in a hung jury and another no-verdict-for-plaintiff result.
  • Russ Hewit served as one of the lead-trial counsel in environmental-insurance-coverage trials for Warner-Lambert Company and Pfizer concerning coverage disputes involving over 60 Warner Lambert environmental sites. Ultimately, Mr. Hewit secured a successful settlement on behalf of the firm’s clients. Mr. Hewit also was a lead-trial counsel in the Congoleum Corporation asbestos-insurance-coverage trial in connection with the Congoleum-asbestos-bankruptcy proceedings. The work of Mr. Hewit and the legal team resulted in the resolution of hundreds of millions of dollars of claims with dozens of primary and excess carriers.
  • Craig Domalewski successfully defended a governmental agency against breach of contract and tortious-interference claims asserted by multiple real-estate developers seeking more than $200 million.
  • Craig Domalewski successfully defended a major hospital in a lawsuit filed by an insurance company seeking reimbursement of $9 million based on alleged claims of bad faith arising from a $30 million verdict against the hospital and other defendants in a wrongful-birth case. The case was dismissed with prejudice and without payment at the beginning stages of the litigation shortly after Mr. Domalewski filed a Rule 12(b)(6) motion to dismiss.
  • Craig Domalewski served as lead counsel for the defendant in a lawsuit filed by a plaintiff claiming permanent injury and seeking over $1 million in damages allegedly arising from the use of a major pharmaceutical company’s over-the-counter product. The case was dismissed without payment based on the investigation conducted by Mr. Domalewski and his team of investigators, which found evidence proving that the plaintiff’s claims pre-existed her alleged use of the defendant’s product.
  • Craig Domalewski successfully secured a dismissal of a multi-million-dollar legal malpractice claim against a well-respected national law firm. The decision was appealed, and the dismissal was upheld by the Appellate Division.
  • Craig Domalewski and Russ Hewit led a team of lawyers in litigating a major legal-malpractice action on behalf of two governmental agencies against their former law firm, which resulted in a major settlement recovery of over $20.8 million.
  • Craig Domalewski successfully secured the dismissal of a lawsuit filed by a government payor against a major hospital, alleging violations of the Insurance Fraud Prevention Act. The plaintiff had sought the denial of hundreds of thousands of dollars in claims for healthcare services provided by the hospital. The firm’s client steadfastly denied the allegations and the case was dismissed at the beginning stages of the litigation shortly after Mr. Domalewski filed a motion to dismiss.
  • Craig Domalewski successfully led a team of lawyers in defending a governmental agency in a major federal lawsuit filed by a municipality that was seeking over $400 million in alleged property taxes. The case involved numerous complex factual and legal issues, including the applicability and scope of a property tax exemption. The case was litigated aggressively and, after a motion for summary judgement was fully briefed and argued, it was settled on very favorable terms for the firm’s client which fully upheld the client’s legal position.
  • Craig Domalewski and Herb Kruttschnitt successfully defended a nursing home in a case brought by a former resident who alleged negligence and fraud against the nursing home due to an alleged improper referral to a home healthcare company. After a thorough investigation, which established there was no improper referral, Mr. Domalewski and Mr. Kruttschnitt successfully obtained a dismissal of the lawsuit on behalf of the nursing home.
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