NEW JERSEY APPELLATE DIVISION AFFIRMS DISMISSAL OF MOODK CLIENT IN WRONGFUL DEATH CASE

Melissa Brown of our New Jersey office represented a public entity in claims that their negligence was the proximate cause of the demise of a 2-year-old child.  Melissa aggressively defended the suit before the trial court and was successful in obtaining dismissal of all counts with prejudice citing various Title 59 immunities insulating our client from liability.  Plaintiff appealed the decision and Melissa briefed and argued the matter before the Appellate Division.  The Court affirmed the dismissal of our client holding that the “guiding principle” of Title 59 imposes immunity from tort liability and finding that liability can exist only in the very rare exception to the rule.

MOODK’S AGGRESSIVE DEFENSE RESULTS IN VOLUNTARY DISMISSAL OF CLAIMS

Melissa Brown and Amanda King of Marks O’Neill’s New Jersey office were successful in obtaining dismissal of all claims against the our client, a surgical center.  Plaintiff alleged that the nurses of our surgical center were negligent during podiatric surgery resulting in permanent damages.  Aggressive defense by our attorneys during discovery followed by the filing of a dispositive motion at the conclusion of discovery led to voluntary dismissal of all claims by Plaintiff.

MOODK OBTAINS DISMISSAL OF TWO MEDICAL MALPRACTICE ACTIONS IN FAVOR OF NYC-BASED RADIOLOGY FACILITY

MOODK’s Tarrytown office obtained dismissal of two medical malpractice actions in favor of a NYC-based radiology facility in regard to failure to diagnose cancer litigation.  The 2017 action was dismissed for plaintiff’s failure to timely move for a default judgment against the facility. We persuasively argued that codefendant’s pending bankruptcy proceeding and NY’s pending Executive Order regarding COVID did not effectively toll the controlling statute.  The 2020 action was dismissed on statute of limitations grounds.

MOODK ATTORNEYS SECURE A COMPLETE DISMISSAL OF POTENTIAL COVID-19 TUITION REFUND CLASS ACTION LAW SUIT AGAINST PRIVATE UNIVERSITY

New Jersey MOODK attorneys, Melissa Brown and Amanda King, obtained an early and important victory in the New Jersey District Court obtaining a complete dismissal of a potential class action lawsuit launched against a private New Jersey college.  The lawsuit sought refunds of tuition and fees after the college was forced to transition to online-only learning during the Covid-19 pandemic.  Attorneys Brown and King were successful in obtaining complete dismissal prior to answering the Complaint or exchanging any discovery.  If the class action was certified and not defeated at this early stage, the damages sought easily totaled millions of dollars.  MOODK Attorneys Brown and King argued that the Plaintiff’s Admission Agreement fully encompassed the contractual agreements between the parties and precluded the Plaintiff’s claims.  The Court agreed and dismissed all claims against the college with prejudice. 

MOODK HOSTS ANNUAL WOMEN’S EVENT FOR THE PERSONAL AND PROFESSIONAL DEVELOPMENT OF FEMALE ATTORNEYS AND BUSINESS PARTNERS

On October 14, 2021, MOODK held its annual women’s event which provides for the professional and personal development of our female attorneys and business partners.  As part of this event, we introduced our participants to powerful organizations that MOODK has partnered with and/or sponsored throughout the year as part of our continued commitment to social engagement and giving back to our community. 

The organizations discussed at this wonderful event included:

  • Dancing While Cancering, a beautiful organization that provides joy to the inpatient child cancer experience. Through this organization, MOODK sponsored Maddie’s Character Closet at Children’s Hospital of Philadelphia.   More information on Dancing While Cancering can be found here: https://dancingwhilecancering.org/

  • The Treavor Project, an important organization that provides support for member of the LGBTQ community struggling with mental health.  More information on The Treavor Project can be found here: https://www.thetrevorproject.org/

We are proud to offer our female colleagues a voice while also showing our business partners the importance we place on social action.