The Law Office of John A. Fialcowitz, LLC
The Law Office of John A. Fialcowitz, LLC

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The Law Office of John A. Fialcowitz, LLC

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Representative Cases

Won order dismissing claims of fraud, fraudulent transfer, breach of contract, breach of the implied covenant of good faith and fair dealing, breach of fiduciary duty, negligence and piercing the corporate veil. First American Title Insurance Company v. Bayoh, Docket No.: ESX-L-004539-17, Superior Court of New Jersey, Law Division, Essex County, November 3, 2017.

Won order dismissing complaint because 50% shareholder lacked authority to maintain lawsuit in the name of the corporation over the objection of the other 50% shareholder. Verona Warehousing, Inc. v. Cameco, Inc., Docket No.: ESX-L-4954-15, Superior Court of New Jersey, Law Division, Essex County, April 29, 2016.

Won orders vacating default judgment and dismissing breach of contract and fraud claims on ground that the fee-splitting and ownership agreement alleged by the plaintiff violated public policy and was illegal. Manhattan Allied Network Corporation v. 2 Feel Good Physical Therapy, P.C., Index No.:151984.2014, Supreme Court of the State of New York, New York County, August 5, 2015.

Won Order directing plaintiff and its attorney to reimburse clients for attorneys’ fees and litigation costs in the amount of $13,110.78 pursuant to N.J.S.A. 2A:15-59.1 and Rule 1:4-8. King Transcription Services, LLC v. Phoenix Transcription, LLC, et al., Docket No.:MRS-C-121-13, Superior Court of New Jersey, Chancery Division, Morris County, May 18, 2015.

Won summary judgment and Order dismissing claims for alleged misappropriation of trade secrets, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, tortious interference with contractual relations, aiding and abetting breach of restrictive covenant, conversion and unfair competition. King Transcription Service, LLC v. Phoenix Transcription, LLC, et. al., Docket No.: MRS-C-121-13, Superior Court of New Jersey, Chancery Division, Morris County, January 23, 2015.

Won $300,677.00 arbitration award on behalf of pharmaceutical development company as a result of respondent’s breach of pharmaceutical license, supply and quality agreements. Achelios Therapeutics, Inc. v. Lucas Packaging Group, Inc., AAA Case No.:18-20-1400-0163, American Arbitration Association, Commercial Arbitration Tribunal, August 7, 2014.

Won order imposing constructive trust on the profits earned by defendants who breached duty of loyalty and tortuously interfered with client corporation. LKLJ Corporation v. McCracken, Docket No. C-246-12, Superior Court of New Jersey, Essex County, January 27, 2014

Defeated Order to Show Cause for preliminary injunction seeking to enjoin clients from running their business and using purported trade secrets and allegedly proprietary and confidential information. King Transcription Service, LLC v. Phoenix Transcription, LLC, et. al., Docket No.: MRS-C-121-13, Superior Court of New Jersey, Chancery Division, Morris County, October 30, 2013.

Won dismissal of third-party complaint against board of directors of Delaware corporation. U.S. Eagle Corporation v. Westphal, 484 B.R. 640 (Bankr. D. N.J. Dec. 20, 2012)

Argued and won motion to stay proceedings and compel arbitration. Stevens v. Scottrade, Inc., Index No. 150208/12 (Supreme Court of the State of New York, New York County, October 10, 2012)

Won award of full expungement of all reference to arbitration and claims from registered representative’s registration records maintained by the Central Registration Depository Chibbaro v. Quigley, FINRA Case No. 10-00100 (August 30, 2012)

Defeated Order to Show Cause and won Order denying motions to appoint receiver and to intervene and granting clients’ cross-motion to dismiss claims of business oppression. Estate of Alli v. Bayoh, Superior Court of New Jersey, Docket No.: ESX-C-226-11, Chancery Division, Essex County, November 3, 2011.

Won appeal vacating default judgment based upon exceptional circumstances. Mangiapane v. Central Jersey Waste & Recycling, Inc., 2010 WL 4340649 (App. Div. Nov. 4, 2010).

Represented plaintiff board of trustees of retiree medical fund in action brought under the Employee Retirement Income Security Act (“ERISA”) to recover unpaid employer contributions and defeated motions to dismiss. Fishbein v. Miranda, 670 F. Supp. 2d 264 (S.D.N.Y. Nov. 16, 2009) (BSJ/GWG).

Won summary judgment and dismissal of breach of contract, declaratory judgment and reformation claims arising from a $9.15 million settlement agreement. Whitman v. Herbert, Docket No. C-252-07, Superior Court of New Jersey, Middlesex County, May 21, 2008 (Hon. Frank M. Ciuffani, J.S.C.).

Won dismissal of civil RICO claims brought against client by major New York metropolitan area supermarket chain. Gristede’s Foods, Inc. v. Unkechauge Nation, 532 F.Supp.2d 439 (E.D.N.Y. 2007).

First chaired two day evidentiary hearing and won dismissal of $545,000 breach of contract claim brought by electrical design subcontractor on issue of accord and satisfaction. Cadence Triad, Inc. v. ABB, Inc., Docket No. MRS-L-3078-05, Superior Court of New Jersey, Morris County, August 9, 2007 (Hon. David Rand, J.S.C.).

Deposed business valuation and lost profit damage experts in $9 million lawsuit alleging, among other things, breach of contract, breach of fiduciary duty, misappropriation of trade secrets, fraud, tortuous interference with prospective economic advantage, Lanham Act violations and trade libel. Primary author of briefs supporting and opposing summary judgment motions. Component Hardware Group, Inc. v. Trine Rolled Moulding Corp., Civil Action No. 05-CV-891 (D.N.J.) (MLC/TJB).

Part of two attorney litigation team that won release of a man who had been confined in modern day debtor’s prison under a writ of capias ad satisfaciendum for almost a decade. Marshall v. Matthei, Docket No ESX-L-3894-93, Superior Court of New Jersey, Essex County, April 19, 2006 (Hon. Jared D. Honigfeld, J.S.C.).

Won dismissal of ERISA derivative claim on ground that representative plaintiff did not fairly and adequately represent the interests of the other employee benefit fund participants. Martinez v. Barasch, Civil Action No. 01-CV-2289, 2005 U.S. Dist. LEXIS 22873 (S.D.N.Y. October 5, 2005) (MBM).

Represented manager of LLC and two of its members during three day trial over dissolution of LLC and related counterclaims. In re Silver Leaf, LLC, Civ. A. No 20611, 2005 WL 204564 (Del. Chan. August 18, 2005).

Defeated motion to dismiss for lack of personal jurisdiction on grounds of judicial estoppel. In re Silver Leaf, LLC, Civ. A. No 20611, 2004 WL 1517127 (Del. Chan. June 29, 2004).