ZIMMERMAN LAW GROUP
Current Representative Matters
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 three different motions brought by Defendants to dismiss Verify’s Complaint. Awaiting Court decision on fully-briefed, fourth motion to dismiss Complaint brought by Defendants.
Charles R. Acklin, et al. v. Ian Bruce Eichner, et al.,
No. 19-cv-7042, U.S. District Court for the Southern District of New York
We represent more than 100 plaintiffs seeking to terminate their TMC ownership interests in a suit recently filed against The Manhattan Club Timeshare Association, Inc.’s current and former operators for their wrongful conduct in operating TMC. The complaint seeks a financial recovery for such wrongful conduct including, but not limited to recovering the money members spent to acquire their timeshare interests and reimbursement of the excessive portion of the maintenance fees they paid. We are also seeking an award for fraud and the ability for members to walk away without any liability or ongoing obligation to TMC or its operators.
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.
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 again
st them. The appeal also raises constitutional issues regarding the composition and powers of the PTAB.
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.
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.