ZIMMERMAN LAW GROUP

Current Representative Matters

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Verify Smart Corp. v. Askeladden, LLC,
No. 19-1076, U.S. Court of Appeals for the Federal Circuit

Represent Appellant Verify Smart Corp. in a fully-briefed appeal pending in the Federal Circuit challenging a Patent Trial and Appeal Board (PTAB) decision rendered in favor of Askeladden LLC who Verify alleges was statutorily precluded from bringing its action because it is owned and controlled by Bank of America, N.A. and Wells Fargo Bank, N.A. who had separately released all claims they had against Verify as part of settlements of two different patent infringement actions Verify had previously brought against them. The appeal also raises constitutional issues regarding the composition and powers of the PTAB.

 

Verify Smart Corp. v. Bank of America, N.A. et al.,
No. 17-cv-4248, U.S. District Court for the District of New Jersey

Represent Plaintiff Verify Smart Corp. in an action against Bank of America, N.A. and Wells Fargo Bank, N.A. for breach of contract, tortious interference, fraud and civil RICO violations arising from Defendants’ actions in using a company under their control – Askeladden, LLC – to bring suit against Verify after each Defendant bank had separately released all claims they had against Verify to settle patent infringement actions Verify had previously brought against them. To date we have successfully defeated two different motions brought by Defendants to dismiss Verify’s Complaint. Awaiting Court decision on fully-briefed, third motion to dismiss Complaint brought by Defendants.

Robert Tucker v. The Manhattan Club Timeshare Association, Inc.,
No. 651043/2019, Supreme Court of the State of New York, New York County

Represent individual Plaintiff timeshare member against timeshare company whose owner admitted various wrongdoing in operating the timeshare and agreed to pay a multi-million dollar fine to assure the discontinuance of the New York State Attorney General’s investigation into such wrongdoing. Plaintiff originally sought to obtain the timeshare’s member list in 2018 to communicate with other timeshare members about his then candidacy for election to the timeshare’s board of directors. Plaintiff now seeks the list to communicate with other members about continuing wrongdoing at the timeshare. To date, Defendant has refused to provide the list to Plaintiff. In September 2019, we successfully defeated Defendant’s motion to dismiss Plaintiff’s Complaint to obtain the list. In February 2020, we successfully defeated Defendant’s effort to depose us as Plaintiff’s counsel and obtain our records pertaining to other timeshare members we represent.

Dr. Janak Sarkaria, M.D. v. Summit Anesthesia Associates, P.A.,
No. A-001675-19, Superior Court of the State of New Jersey, Appellate Division

Represent Appellant physician in an age discrimination action against her former employer who after nearly four decades of exemplary service, fired her from her high-paying job soon after being acquired by a large, publicly-traded company that acquires medical practices across the country. The adverse employment action at issue caused Appellant serious medical and significant financial damages.

Dr. Aaron Feingold, M.D. v. Howard Feinman, et al.,
No. 527820/2019, Supreme Court of the State of New York, Kings County

Represent Plaintiff physician in tort action against landlord of building in which elevator door malfunctioned and seriously injured Plaintiff. A third-party was injured in the same fashion by the same elevator in the same building the year before Plaintiff was injured.

 

Margo Rappel v. Byrnes, O’Hern & Heugle, LLC , et al.,
No. MON-L-3017-18, Superior Court of the State of New Jersey, Monmouth County

Represent Plaintiff in legal malpractice action against her former attorneys who negligently prepared a contract selling the assets of Plaintiff’s online business that failed to protect her against third-party claims pertaining to digital assets included in the sale.  Her attorneys then allegedly negligently defended a federal action brought by the buyer of the assets arising from a third-party claim asserted against such buyer who sought to hold the Plaintiff liable.  In February 2020, we successfully defeated Defendant’s effort to depose us as Plaintiff’s counsel and obtain our records pertaining to other timeshare members we represent. In March 2020, we successfully defeated Defendants’ effort to disqualify us as Plaintiff’s counsel.

 

Lamar Burrell v. Broadway Respite and Home Care LLC,
No. PAS-L-2640-18, Superior Court of the State of New Jersey, Passaic County

Represent Plaintiff in action against home care company whose employee assaulted and injured Plaintiff while working at Plaintiff’s mother’s house. The assault was captured on video.

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