Andrew Vallejo, Esquire and Robert Fodera, Esquire of MOODK’s New Jersey Office obtained an Order from the Court in a mold exposure case set for trial barring Plaintiff from introducing any evidence, testimony, or claims at trial related to physical injuries from mold exposure, including asthma or pulmonary conditions. MOODK’s attorneys were able to show that Plaintiff had previously limited her claims to psychological/emotional distress only, with no expert support or discovery to expand into physical injuries. MOODK’s attorneys argued that any such testimony would be more prejudicial than probative, as it lacks a causal link to her emotional claims and could mislead the jury. The Court agreed and granted the Order in favor of MOODK’s client, narrowing the case solely to claims of emotional distress and eliminating unsupported physical allegations.

Robert Fodera, Esquire from MOODK’s New Jersey office, secured an outright dismissal of claims brought against a Little League and its former president by a group of parents in Caldwell and West Essex, New Jersey. Plaintiff-parents sought control over the league and a damages award for alleged fraud, tortious interference, and injunctive relief. The court agreed with defense counsel that the plaintiffs failed to state a claim since they could not show an economic benefit was unjustly taken from them. The court also dismissed the league’s former president, finding that since he had long since resigned his position, any relief as to him was an impossibility. Finally, the court agreed that the plaintiffs could not establish damages, as their children were still able to participate in the defendant-league, which is their local league.

Marc Sposato, Esquire of MOODK’s Delaware Office, successfully argued before the Supreme Court of Delaware to uphold the dismissal of legal malpractice claims against their clients. Plaintiffs appealed a dismissal by the trial court of legal malpractice claims filed against their former attorneys, including MOODK’s clients, arising out of an underlying class action matter. The Delaware Supreme Court affirmed the trial court’s dismissal of plaintiffs’ claims holding that plaintiffs were collaterally estopped from alleging they received inadequate representation in the class action case. 

Marc Sposato, Esquire of MOODK’s Delaware Office obtained a Final Determination from The State of Delaware Department of Labor that there was no reasonable cause to believe an unlawful employment practice had occurred. The claimant alleged she was discriminated against by MOODK’s client, a trucking company, on the basis of sex for making her operate a dump truck on a site that did not have bathroom accommodations for females and that she was harassed. MOODK presented evidence and a position statement outlining that the bathroom facilities were adequate for both genders and documenting that the claimed harassment was simply instruction. The Delaware Department of Labor agreed with MOODK’s position finding there was no reasonable cause to believe an unlawful employment practice had occurred, and dismissed the action.