Civil and Commercial Litigation

Our experienced commercial litigation attorneys represent parties in a host of areas, including shareholder disputes, breach of contract, and consumer fraud act allegations (corporate law); commercial landlord/tenant disputes; construction delays and deficiencies (construction law); creditor rights and debt recovery matters (debt collection); allegations of employment discrimination and retaliation (employment law); pension and welfare benefits (ERISA); franchisor-franchisee disputes (franchise law); patent and trademark disputes (intellectual property); insurance and reinsurance coverage; product liability disputes (product liability); and violations of state and federal regulations relating to chemicals, pesticides, and other pollutants (environmental and toxic torts).

Our attorneys are experienced litigators and trial lawyers who appear in both state and federal courts throughout New Jersey and New York. We represent individuals, small start-ups, well-established businesses, not-for-profit entities, condo and coop, and homeowner’s associations, government entities, and not-for-profit companies. We also represent clients in alternative dispute resolutions of mediation and arbitration in every aspect of commercial litigation.

Arbitration and Alternative Dispute Resolution

Litigation isn’t always the best way to resolve business or personal disputes. Under certain circumstances, alternative dispute resolution (“ADR”) methods such as arbitration or mediation can be quicker and more cost-effective than pursuing a civil lawsuit.

The lawyers at Jardim Meisner Salmon Sprague & Susser, P.C., are well-versed in various forms of alternative dispute resolution. We have handled arbitrations through the American Arbitration Association, JAMS, and FINRA, as well as court-supervised arbitrations in the federal courts and in New Jersey and New York state courts. We resolve disputes through mediation with either private or court-appointed mediators. We provide the same efficient, cost-effective, and aggressive representation our clients have come to expect from us in the courtroom.

In addition to engaging in the ADR process itself, we often help clients determine if a party can be compelled by contract to submit a dispute to arbitration or mediation. Our attorneys have enforced contractual arbitration clauses and defended against attempts to over-reach the confines of such clauses. For clients negotiating contracts, we provide valuable advice about including an ADR clause in an agreement.

Construction Defect

We have a well-regarded knowledge of the construction industry and experience effectively protecting the interests of its clients. The firm has handled numerous and varied construction-related cases, many involving extremely complex issues with a multitude of defendants and scores of construction defects. Our construction attorneys represent clients in both transactions and disputes ranging from single and multifamily dwellings to large commercial buildings, planned unit developments, and retail, industrial, and governmental projects.

The firm prides itself on careful, upfront analysis of complicated delay claims in order to identify a client’s potential exposure. Our Construction Law Practice Group has deep experience in the representation of property owners, developers, homeowners, design professionals, materials manufacturers, contractors, and subcontractors in connection with the construction of high-rise and other residential developments, condominium conversions of older rental properties, commercial property, mixed-use projects, and governmental buildings. Among the issues we handle are:

Construction defects and deficiencies related to residential and commercial construction, including roofing defects, water intrusion, and structural life safety
Construction delays
Liens
Hurricane recovery and rebuilding
Insurance coverage disputes, including negotiation and resolution of insurance claims related to rebuilding
Mold and mildew claims
Construction contracts and related documents, including loan documentation

Product Liability

We offer manufacturers, distributors, retailers, employers, purchasers, and consumers outstanding representation. We have substantial experience representing clients in a wide array of litigation, including but not limited to pharmaceutical (prescription, generic, and OTC) and medical device defense litigation, mass tort and toxic tort litigation (including asbestos, pesticide, benzene, and lead paint), cosmetics, and actions involving machines and equipment (e.g., exercise equipment, fuel tanks, and fire suppression systems). We are conversant in the technical aspects of these products and related medical and scientific issues, and we specialize in identifying and developing outstanding experts. We also research and analyze regulatory issues and advise clients on compliance with statutes and agencies such as the FDA, the Hazard Communication Act, and OSHA.

Jardim Meisner Salmon Sprague & Susser, P.C., serves as national and local counsel for state and federal actions in New Jersey and New York. We are experienced in MDL litigation. Our attorneys have drafted significant briefs and argued substantive motions on a variety of cutting-edge issues, including market share, a proposed preconception tort, preemption, application of a state’s product liability act, and complicated spoliation (the effect that a retailer’s loss of a product has on the plaintiff and manufacturer). We represent clients directly or as insureds through our insurance clients. In both cases, our team of dedicated attorneys provides the best possible defense for our clients.

We tackle a variety of product liability issues, ranging from design and manufacturing defects to defective or inadequate warnings, breach of product warranty, indemnification arising from a product defect, consumer fraud, medical monitoring, and noncompliance with industry standards or government regulations. Our attorneys have an uncanny ability to delve into the nature of a product and conscientiously develop defensive theories, including alternate causation, sophisticated user, product misuse, state-of-the-art defense, and the government contract defense, just to name a few.

Appellate Practice

Successfully pursuing or defending an appeal requires special skills and expertise. Superlative writing skills, in-depth knowledge of the applicable court rules and deadlines, and persuasive oral argument skills are among the essential tools needed for a successful outcome. The attorneys of Jardim Meisner Salmon Sprague & Susser, P.C., offer all of these skills and more. We bring more than two decades of experience with the appellate system in the state and federal courts of New Jersey and New York (and other jurisdictions), along with an established track record of successful outcomes on appeal.

Our attorneys are admitted to the U.S. Courts of Appeals for the Second, Third, and Ninth Circuits. We have argued matters before multiple panels of the New Jersey Appellate Division and before the New Jersey Supreme Court.

When important issues of general concern are being heard before the appellate courts, we also have experience preparing amicus curiae briefs on behalf of interested clients.