Standard of Review
An Appellate Law Blog

Cedar Grove, NJ – September 7, 2021

O’Toole Scrivo attorneys Joshua A. Zielinski and Brian Wolfson obtained summary judgment for United States Fire Insurance Company (“US Fire”) against Robb Report Media (“Robb Report”) for damages caused to a 2018 Ferrari 812 Superfast. Robb Report borrowed the Ferrari for its Car of the Year Napa Valley event under a vehicle loan agreement requiring Robb Report to return the vehicle in the same condition and pay for any damage to the car. The 2018 Ferrari 812 Superfast was totaled at Robb Report’s event. The trial court found that Robb Report breached its contractual obligations and that US Fire was entitled to recover damages pursuant to the doctrine of equitable subrogation. The trial court also found that Robb Report was entitled to summary judgment against the vehicle’s driver.

Read more on Law360.

Cedar Grove, NJ – August 19, 2021

Best Lawyers® has named three O’Toole Scrivo attorneys in its 28th Edition of The Best Lawyers in America®. First published over thirty years ago, Best Lawyers® is a peer-reviewed publication showcasing the country’s best legal talent. Over 10 million peer evaluations were received for this year’s edition. Named this year are OS Managing Partner and former Chief Counsel to Governor Chris Christie, Thomas Scrivo; Partners Dennis Carletta and Michael Dee; and Associate Joseph Natale (Best Lawyers: Ones to Watch).

Mr. Scrivo, an experienced trial lawyer and trusted advisor to clients in the public and private sectors, is recognized for his professional excellence in the fields of Commercial Litigation and Labor and Employment Litigation.

Mr. Carletta is recognized for his excellent work in the field of Criminal Defense: White Collar. A former Assistant U.S. Attorney for the District of New Jersey, Mr. Carletta also practices in the areas of crisis management and regulatory and compliance enforcement actions.

Mr. Dee is recognized for his exemplary work in Labor Law—Management. As former Director of the Governor’s Office of Employee Relations under Governor Christie, Mr. Dee has extensive experience representing and counseling private and public sector employers in all aspects of labor and employment law.

Mr. Natale received recognition for Professional Malpractice Law in the Second Edition of Best Lawyers: Ones to Watch for 2022.

Read more on www.bestlawyers.com

By Kevin J. O’Toole – August 7, 2021

In April, the Port Authority of New York and New Jersey marked its centennial, and this month marks my fourth year as chairman of this storied bi-state agency.

The founders of the Port Authority could not have envisioned massive airports, multiple vehicular tunnels under the Hudson, iconic bridges, an integrated ports operation rivaling any on the globe, or the rising of two distinct World Trade Centers. Over the past 18 months, I have thought about what the founders could imagine when this agency was created in 1921.

One of those things would have been a global pandemic that could kill millions of people, sicken more, and upend life as it had been, as did the 1918 influenza pandemic.

Port Authority founders understood the need to efficiently move food, goods, medicines and people during a World War and during a global pandemic. And because they understood that critical need, they created a bi-state agency that was flexible, that could, in its best moments, efficiently pivot quickly to ensure that the millions of people living in this region and the millions more whose livelihoods depended on the economic vitality of this region would not want for basics.

The Port Authority has always been at its best during crisis — through wars, economic downturns, through natural disasters, through the horror of the 1993 World Trade Center bombing and the inconceivable losses of Sept. 11, 2001. At this four-year-marker as Port Authority chairman, I remain in awe of what its workforce accomplished — no longer looking through the long lens of history but at my lived experiences.

A dedicated, passionate workforce is a given at the Port Authority. That workforce doesn’t make headlines, but airports, ports, crossings, facilities and PATH do not run by themselves.

What isn’t a given is that the agency’s top leadership works as a united team to provide the tools and support that the workforce requires to deliver best-in-class service. My partner at the Port Authority, Executive Director Rick Cotton, who joined the agency when I did, is a key factor as to why the agency is at its best today.

His leadership, his focus on the “brilliant basics” — the things that matter to our customers every day — cleanliness of facilities, quality of service, infrastructure kept in good working order — while also investing in new infrastructure, adopting best practices and utilizing 21st-century technology to provide up-to-date information are all hallmarks of his leadership.

Consider that during the pandemic, milestones were reached on the construction of a new Terminal A and consolidated parking/rental facility at Newark Liberty International Airport, the largest investment ever made by the Port Authority in New Jersey. And plans continue for a new AirTrain at Newark Liberty, as well.

PATH service continued to be reliable and safe for the front-line workers who needed to get to their jobs.

A whole new LaGuardia Airport is nearing completion in Queens.

The “Restore the George” project — the replacement of all suspender cables on the George Washington Bridge — is now more than half completed.

A much-needed new Midtown Bus Terminal that will be larger, more commuter friendly, more respectful of surrounding communities, and greener is moving closer to a construction phase.

Additionally, at the World Trade Center, construction restarted on the St. Nicholas Greek Orthodox Church and the new performing arts center has risen to its full height.

Rick’s steady hand has guided these projects, and more, aided by a board of commissioners that works as a team. We are neither New Jersey nor New York: we are Port Authority. We do not always agree on each issue when we begin a discussion but we always agree that we were asked to serve to deliver results for the people of two great states. That is the starting point for all discussion and deliberation.

That is what the founders envisioned in 1921. They were politically astute enough to know there would be highs and lows within the life of the agency, but they understood the inherent need for the Port Authority. Political leaders from governors to state and federal legislators put aside parochial interests to create something visionary.

This July, there was a heroes’ parade in lower Manhattan honoring the individuals who “showed up” on sites — staffed transit systems, hospitals, pharmacies, and food stores during the darkest days of the pandemic. The Port Authority was well represented. But in a complex organization as large as the Port Authority, every member of our workforce “showed up” every day.

The individuals who worked remotely and kept the machinery of the agency moving — from ensuring PPEs were supplied to frontline workers, that health protocols were continually updated, that “the lights” figuratively and literally were never turned off — they are all heroes, as well.

After four years as chairman, I have seen firsthand there is nothing the Port Authority workforce cannot achieve. It is unique in its ability to continually expand and coalesce, much like a family does, through good times and bad. It is remarkable.

Somehow, I think that is also something the agency’s founders could imagine 100 years ago.

Cedar Grove, New Jersey – August 3, 2021

O’Toole Scrivo attorneys, Thomas P. Scrivo and James DiGiulio, secured a dismissal of a federal complaint filed against Michael Lerner, a partner at Lowenstein Sandler, LLP. Angela Krivulka, the widow of Joseph Krivulka, filed suit against Lowenstein Sandler and Mr. Lerner, in her individual capacity and on behalf of Mr. Krivulka’s estate, alleging breaches of fiduciary duties. OS lawyers moved to dismiss the complaint arguing that the plaintiff failed to demonstrate the required diversity of citizenship among the parties. U.S. District Judge Claire C. Cecchi dismissed the complaint finding that Mr. Krivulka was domiciled in the State of New Jersey at the time of his death, which is the state of citizenship of the defendants.

The District Court found that Mr. Krivulka intended for New Jersey to be his domicile. The Court relied on the statements of Mr. Krivulka prior to his death, in which he informed his attorneys that he did not want to change his domicile from New Jersey to Arizona. In addition, the Court noted that Mr. Krivulka had significant ties to New Jersey, including that he was registered to vote in New Jersey, filed resident tax returns in the State, had a New Jersey driver’s license, and controlled multiple residential properties in the State. Moreover, following his death, Mrs. Krivulka signed tax returns for his estate, indicating he had been domiciled in New Jersey.

The complaint was dismissed, without prejudice, leaving Mrs. Krivulka the option to try and re-file claims, individually, but not on behalf of the Estate of Mr. Krivulka.

Read U.S. District Judge Cecchi’s opinion here.

Read more on Law360 here.

Cedar Grove, New Jersey – July 22, 2021

O’Toole Scrivo is seeking an Associate Attorney with at least 3 years of labor and employment experience to join its growing practice. The position entails a broad range of labor and employment work, with an emphasis on all facets of employment litigation. Prior experience with employment counseling, drafting employment contracts, policies, handbooks, and conducting investigations is a plus. New Jersey bar admission is required; New York bar admission is preferred. Excellent writing and communication skills are required. Judicial clerkship experience is preferred.

Interested candidates should submit their resume to Amy Matey, Director of Legal Operations

Cedar Grove, New Jersey – July 27, 2020

As state court systems muddle through the pandemic with an eye toward resuming court operations, civil jury trial backlogs are mounting. However, large juror pools assembled in close quarters are not compatible with the myriad of safety protocols implemented in each state. In New York, as a result, litigants are maneuvering in other ways toward trial. One means of moving towards trial is an apparent, intentional waiver of a jury trial when a plaintiff files note of issue.

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Cedar Grove, New Jersey – July 9, 2020

The Third Circuit Court of Appeals recently issued a precedential opinion interpreting requirements contracts under New Jersey law.  In Mid-American Salt, LLC v. Morris County Cooperative Pricing Council,* the court considered a contract for bulk rock salt at negotiated prices. The contract called for Mid-American Salt (“Mid-American”) to supply rock salt to the members of Morris County Cooperative Pricing Council (“Co-op”) and included a schedule of the members’ estimated needs. Although some members purchased from Mid-American, many members bought no rock salt at all, while others bought from Mid-American’s competitors.

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Cedar Grove, New Jersey – May 11, 2020

On May 4, 2020, the U.S. Attorney for the District of Rhode Island charged two individuals with fraudulently seeking CARES Act Small Business Association (“SBA”) Paycheck Protection Program (“PPP”) loans. The criminal complaints allege that the two men conspired to apply for the loans, which are guaranteed by the SBA, claiming that they had dozens of employees working for different business entities when there were no individuals actually employed. Both defendants were charged with conspiracy to make false statements to influence the SBA and conspiracy to commit bank fraud. One of the defendants also was charged with bank fraud. These are the first such charges in the nation and mark the start of likely long-term government investigation of PPP fraud.

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Cedar Grove, New Jersey – May 5, 2020

The confluence of the COVID-19 pandemic and the national shortage of personal protective equipment (“PPE”) has resulted in many companies importing and selling PPE, especially facemasks and respirators. Indeed, companies not ordinarily in the health care market, but with foreign supply chain contacts, have entered that space to fill the urgent need for health care supplies. The federal and state governments have responded by stepping in to control the flow of material and prevent price gouging. This extraordinary health crisis, and the government’s rapid response to private-sector involvement, has left companies in uncharted and uncertain waters. O’Toole Scrivo has been at the forefront of this rapidly evolving landscape, providing guidance to companies engaged in the sale of PPE and representing companies before various government agencies.

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Cedar Grove, New Jersey – April 30, 2020

As the COVID-19 crisis unfolded in early March 2020, Governor Phil Murphy issued a series of Executive Orders focused on reducing the spread of the virus by limiting person-to-person contact.  With that in mind, one order, Executive Order 105, required the collection and submission of political party candidate and delegate petitions through an online form.  Similarly, Executive Order 120 extended electronic collection and submission of petitions to Independent candidates seeking nomination for the upcoming general election.

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Cedar Grove, New Jersey – April 16, 2020

In response to the COVID-19 health crisis, Governor Phil Murphy signed a law (“Notary Law”) that allows documents to be notarized using remote technology. Remote notarization may continue for the duration of the public health emergency. The Notary Law applies to notaries public in the State as well as other officers authorized to take oaths, affirmations, and affidavits, or acknowledgements, such as New Jersey attorneys or county clerks. The notary public or officer and the individual must connect via simultaneous audio and visual technology.

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Cedar Grove, New Jersey – April 15, 2020

On April 14, 2020, the Governor of New Jersey signed into law a bill providing healthcare professionals and facilities immunity in providing services related to COVID-19 from civil and criminal liability for claims alleging injury or death incurred during the public health emergency and state of emergency declared by Executive Order 103 (“EO 103”).  The bill further authorizes the temporary reinstatement and recertification of professional certifications for certain healthcare first responders.  Notably, the legislation is retroactive to March 9, 2020, the date EO 103 was executed.

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Cedar Grove, New Jersey – March 28, 2020

On March 25, 2020, the Governor of New Jersey signed into law a bill meant to maximize benefits and protections – both employer and state sponsored – available to employees impacted by the COVID-19 pandemic.  The new law expands provisions of New Jersey’s Earned Sick Leave Law, Family Leave Act, and Temporary Disability Benefits Law, making it clear that those laws cover certain absences resulting from epidemic-related emergencies, including the COVID-19 pandemic.

Following are key changes to New Jersey law that will impact covered employers.

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Cedar Grove, New Jersey – March 21, 2020

Today, New Jersey Governor Philip Murphy executed Executive Orders 107 (“EO 107”) and 108 (“EO 108”) to further combat the COVID-19 public health emergency.  The Executive Orders take effect at 9:00 p.m. on Saturday, March 21, 2020.

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Cedar Grove, New Jersey – March 19, 2020

Yesterday evening the President of the United States signed into law the “Families First Coronavirus Response Act” (the “Act”), a bipartisan measure meant to minimize the impact of the COVID-19 pandemic on the general public.  The Act includes myriad provisions related to increased funding for public assistance programs and establishes a number of mandates applicable to private employers with fewer than 500 employees as well as public employers.

Following are key changes to federal law that will impact employers across the country.

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Cedar Grove, New Jersey – March 18, 2020

On March 9 and 13, 2020, the Governor of the State of New Jersey and the President of the United States declared a State of Emergency and National Emergency in response to the dangers posed by COVID-19. Then, on March 16, 2020, the Governor of New Jersey issued an Executive Order announcing “Aggressive Social Distancing Measures to Mitigate Further Spread of COVID-19 in New Jersey,” which requires many businesses to shut down altogether or otherwise limit their operations. County and local governments in New Jersey and other states have implemented additional measures of varying degrees in their efforts to slow the spread of COVID-19. These national, state, and local declarations have caused significant uncertainty for employers across the State.

While the emergency declarations give the government the authority to suspend the enforcement of certain laws, employers must be mindful of the myriad laws that continue to govern their relationship with employees. Indeed, employers must be even more aware of their obligations (and their rights) and ensure on-going compliance with relevant federal and state laws. Employers must also stay up to date with public health advice and information and must make reasonable assessments of workplace conditions based on the most updated information available. Employers who rely on federal and state guidance can protect themselves against allegations that they failed to take reasonable steps to protect their workforce and that they engaged in discriminatory conduct.

Following are answers to many questions frequently asked by employers (and some questions that employers should be asking).

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Cedar Grove, New Jersey – June 19, 2019

June 19, 2019 – O’Toole Scrivo’s Andrew Gimigliano successfully won an appeal to the New Jersey Supreme Court.  Andy obtained modification of an Appellate Division decision in a matter involving the firing of a public employee.

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Cedar Grove, New Jersey – May 21, 2019

By: Nicole M. DeMuro, Esq.*

Last week, the New Jersey Department of Labor and Workforce Development (the “Department”) signaled its intention to start enforcing a previously unenforced statute that establishes draconian penalties for violations, even those made in good faith, of certain wage, benefit, and tax laws, concluding with the mandatory revocation of all of the employer’s licenses to operate in New Jersey after the third violation.

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Cedar Grove, New Jersey – May 21, 2019

By: Nicole M. DeMuro, Esq.*

The month of May has been quite busy on the labor and employment front, and New Jersey employers, both large and small, should be aware of new State and Federal reporting requirements.

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Cedar Grove, New Jersey – March 8, 2019

O’Toole Scrivo is a proud sponsor and participant of this year’s “Cutting-Edge Issues in Asbestos Litigation Conference” scheduled for March 11-12, 2019, at the Beverly Wilshire, A Four Seasons Hotel, in Beverly Hills, California.  Kevin O’Toole and Gary Van Lieu will be joining other leading mass tort practitioners around the U.S., including many of the nation’s premier counsel, judges, and insurance professionals, to discuss various aspects of the top emerging trends in the asbestos litigation industry.

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Cedar Grove, New Jersey – March 5, 2019

Today, OS Managing Partners Kevin O’Toole and Tom Scrivo proudly participated in Read Across America Week with the Hon. Brian R. Martinotti, U.S.D.J., U.S. Attorney Craig Carpenito, and students at Cliffside Park School No. 5.  Read Across America is an annual reading motivation and awareness program organized by the National Education Association that calls for every child in every community to celebrate reading during the week of March 2, 2019, the birthday of beloved children’s author Dr. Seuss.

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Cedar Grove, New Jersey – February 8, 2019

On February 13, 2019, O’Toole Scrivo partner Gary Van Lieu will be joining other leading mass tort practitioners in Harris Martin’s 10th Annual New Jersey Asbestos Litigation Conference.  The conference will be held at the Hyatt Regency in New Brunswick, New Jersey, and will cover various topics including New Jersey recent court rulings affecting asbestos litigation, updates on medical issues in Mass Tort, expert reports, and a special master session.  Gary Van Lieu and his panel participants will focus on pre-trial discovery and the necessary elements for successful pre-trial motions.

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Cedar Grove, New Jersey – February 4, 2019

On January 31, 2019, Governor Murphy signed into law a bill that prohibits public works contractors – including first- and lower-tier subcontractors – from registering unless they can certify that they participate in registered apprenticeship programs approved by the United States Department of Labor.  Importantly, contractors have to participate in qualified programs for each craft of workers they employ, but only for those individuals they “directly employ.”  The bill does not address what it means to “directly employ” a worker; however, it seems that prime contractors that do not employ any laborers, mechanics, or skilled or semi-skilled laborers would not have to participate in a registered apprenticeship program.  All other prime contractors and subcontractors would have to participate.

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Cedar Grove, New Jersey – November 27, 2018

By: James DiGiulio, Esq.*

The Superior Court of New Jersey – Appellate Division recently issued a precedential opinion that should come to the attention of members of all New Jersey closely-held corporations. The case, Metro Commercial Management Services, Inc. v. Istendal (A-0275-17T4), tackled the issue of whether an at-will employee, who also is a shareholder of the company, has a reasonable expectation of continued employment.

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Cedar Grove, New Jersey – August 3, 2018

Yesterday, the Supreme Court of New Jersey adopted the use of Daubert factors for assessing testimony in cases involving scientific expert testimony.  Although the Court clarified the gatekeeping role of trial courts in cases involving scientific expert testimony and medical causation, the Court stopped short of declaring New Jersey a Daubert jurisdiction.  Instead, the Court added Daubert to New Jersey’s existing methodology-based approach, which was originally set forth in Landrigan v. Celetex Corp. and Rubanick v. Witco Chemical Corp., and created a flexible framework for determining the admissibility of scientific expert testimony.

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Cedar Grove, New Jersey – July 9, 2018

O’Toole Scrivo is pleased to announce the addition of Dennis Carletta as Partner with the Firm.  Having served as an Assistant United States Attorney for the District of New Jersey for the past thirteen years, Dennis is an accomplished federal prosecutor and litigator who has investigated and prosecuted hundreds of federal criminal law violations.  Dennis also served as the District of New Jersey’s National Security Cyber Specialist, and worked with the United States intelligence community to help oversee sensitive and classified investigations of cyber intrusions into U.S. companies.  In 2003, Dennis was awarded the Bronze Star Medal for his meritorious service and wartime contributions during Operation Iraqi Freedom.

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Cedar Grove, New Jersey – May 22, 2018

By: Nicole M. DeMuro, Esq.*

On May 21, 2018, the Supreme Court of the United States issued its biggest employment decision this session.  In Epic Systems Corporation v. Lewis, 584 U.S. ___ (2018), the Supreme Court confirmed that federal law allows employers to enforce arbitration agreements, even if they bar group claims.  While this decision is new, it is not unexpected.  The Supreme Court’s recent precedent had already made it clear that the FAA requires the enforcement of arbitration agreements according to their terms, which can only be defeated by a clear and contrary congressional mandate.

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Cedar Grove, New Jersey – May 21, 2018

The U.S. District Court for the District of New Jersey has selected Managing Partner Kevin J. O’Toole to be a Guest Speaker for its Naturalization Ceremony.

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Cedar Grove, New Jersey – May 21, 2018

From May 16 to May 18, the New Jersey State Bar Association (the “NJSBA”) held its Annual Meeting and Convention at the Borgata Hotel in Atlantic City.  The NJSBA celebrated the installation of the 2018-2019 president, John E. Keefe, Jr., and a new slate of officers and trustees.  The Annual Meeting and Convention were a great success and O’Toole Scrivo attorneys played an integral part.

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Cedar Grove, New Jersey – May 7, 2018

The Superior Court of New Jersey, Monmouth Vicinage, has selected Managing Partner Kevin J. O’Toole to be the Keynote Speaker for its annual Law Day observance on Tuesday, May 8, 2018.

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Cedar Grove, New Jersey – May 2, 2018

By: Nicole M. DeMuro, Esq.*

Today Governor Phil Murphy signaled his on-going intent to significantly change the labor and employment landscape in New Jersey by signing the paid sick leave bill into law.

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Cedar Grove, New Jersey – April 24, 2018

By: Nicole M. DeMuro, Esq.*

Today Governor Phil Murphy signed into law the Diane B. Allen Equal Pay Act (“Equal Pay Act”), which modifies the New Jersey Law Against Discrimination (“NJLAD”) and is viewed as one of the, if not the broadest equal pay law in the nation.

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Cedar Grove, New Jersey – April 5, 2018

By: Nicole M. DeMuro, Esq.*

On April 2, 2018, the Supreme Court of the United States, in Encino Motorcars, LLC v. Navarro, 584 U.S. ___ (2018), ruled that automobile service advisors are exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”).  In doing so, the Supreme Court ended a multi-year battle over the applicability of section 213(b)(1)(A) of the FLSA.

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Cedar Grove, New Jersey – March 26, 2018

Lawrence S. Cutalo recently obtained zoning and land use approvals on behalf of a developer to convert a manufacturing building into a 105,000 s.f. self-storage facility located on a six-acre site in suburban Essex County, New Jersey. Earlier this year, Larry successfully represented a developer in obtaining site plan approval and use variance relief to convert a three-story office building into a 95,000 s.f. rehabilitation and extended care facility for seniors located on a four-acre site in Morris County, New Jersey. O’Toole Scrivo represents clients in all aspects of real estate development and land use.

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Cedar Grove, New Jersey – March 12, 2018

O’Toole Scrivo is pleased to welcome Brian Wolfson who joins the Firm today as Of Counsel.  Brian has spent the last several years as in-house counsel for Edgewood Properties, Inc., working on all aspects of litigation and corporate work, with an emphasis on real estate, land use, and development.  He previously worked at Connell Foley, LLP and was a law clerk to the Hon. Frank Ciuffani, P.J.Ch. (Ret.).  Brian is a graduate of Rutgers Law School and Columbia University.

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Cedar Grove, New Jersey – March 12, 2018

The Firm is proud to announce that the Town of West New York has selected Dennise Mejia as the recipient of the Spirit Award for its annual International Women’s Day Event.  The Event celebrates successful women who have made a positive impact on the community, and the Spirit Award honors those who are passionate and dedicated to inspiring women every day.

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Cedar Grove, New Jersey – February 27, 2018

The Firm is proud to announce that Seton Hall University School of Law has selected Managing Partner, Thomas Scrivo, to receive its prestigious Distinguished Graduate Award.  Tom is a 1989 graduate of the law school and will be honored at the Seton Hall Law Alumni Gala on May 11, 2018, at the Legacy Castle in Pompton Plains, New Jersey.

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Cedar Grove, New Jersey – February 7, 2018

O’Toole Scrivo is pleased to announce the addition of Stephanie Mishler, who joins the Firm today as an Associate.  Stephanie served as an Assistant District Attorney and Senior Assistant District Attorney in the Kings County District Attorney’s Office.  As an accomplished trial attorney, Stephanie has presented hundreds of cases to the grand jury, handled numerous jury and bench trials, and supervised Assistant District Attorneys during tenure at the Kings County District Attorney’s Office.  Stephanie received her B.A. from Colgate University and her J.D. from Seton Hall University School of Law.  Stephanie will be handling general liability defense and complex commercial litigation matters at the Firm.

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Cedar Grove, New Jersey – February 5, 2018

O’Toole Scrivo is pleased to welcome Nicole DeMuro as our newest Of Counsel to the Firm.  Nicole will be handling labor and employment and commercial litigation matters.

Nicole joins O’Toole Scrivo after serving as Senior Counsel to Governor Chris Christie.  As Senior Counsel, Nicole advised the Governor on various legal, legislative, and regulatory issues in the areas of labor and civil service law, human services, children and families, and information technology.

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Cedar Grove, New Jersey – January 29, 2018

O’Toole Scrivo is pleased to announce the addition of James DiGiulio as Partner and General Counsel to the Firm.  Jim most recently served as Chief Counsel to Governor Chris Christie of New Jersey.  As Chief Counsel, Jim was responsible for leading the Governor’s legislative initiatives, supervising gubernatorial appointments, and managing all of New Jersey’s authorities. (more…)

November 20, 2017 – In a written Opinion and Order, the Commercial Division of the Supreme Court of New York for the County of Albany dismissed a Complaint for breach of warranty of future performance filed by the Dormitory Authority of the State of New York (“DASNY”) against a general contractor.  Had DASNY prevailed in applying the predominantly UCC concept to save its otherwise untimely construction contract claim, the potential exposure of warranty claims to contractors performing work in New York would be endless.  Greg Trif of O’Toole Scrivo represented the prevailing general contractor.

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November 17, 2017 – O’Toole Scrivo partner Robert C. Scrivo has successfully obtained the dismissal of a United States Department of Justice indictment charging a former president of a publicly-traded chemical company with conspiracy to violate the Sherman Act.  The DOJ handed down the indictment in February 2016 and charged Scrivo’s client with restraining trade of aluminum sulfate through market allocation and price fixing.  The matter was scheduled to be tried in the United States District Court for the District of New Jersey in January 2018.  The firm congratulates Robert in obtaining this exceptional result.

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November 16, 2017 – In a published opinion, the Appellate Division affirmed the dismissal of a challenge to a local smoking ordinance that is stricter than the New Jersey Smoke Free Air Act.  The plaintiffs tried to strike down the ordinance by arguing that the Smoke Free Air Act prohibits municipalities from enacting greater restrictions than the State law.  Had the plaintiffs prevailed, local public smoking ordinances more restrictive than the State law likely would have come under attack.  The Appellate Division’s published opinion puts this question to rest and allows local governments to enact stricter public smoking regulations as they deem best for their community.

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On November 10, 2017, Managing Partner Thomas P. Scrivo will be speaking at a special NJSBA/NJICLE showcase presentation featuring Bob Woodward.  Woodward will share with audiences on how Watergate forever altered the nature of the Presidency, politics, and journalism.   The program will include a round table discussion with some of New Jersey’s leading legal experts and journalists, including the Hon. Travis L. Francis, A.J.S.C. (Ret.), Thomas J. Cafferty, Esq. of Gibbons P.C., Paula Saha, Director of Communications at the NJSBA, and Charles Stile, Columnist at The Bergen Record.  (more…)

October 31, 2017 – O’Toole Scrivo partner Juan Fernandez successfully obtained a “No Cause” verdict on behalf of a client following an eight-week jury trial in the Superior Court of New Jersey.  The plaintiff in this high-exposure, multimillion-dollar employment case alleged various claims, including sexual assault and retaliation.  Despite the challenging and complex nature of the case, Juan ultimately prevailed for the client when the jury unanimously dismissed all claims after four days of deliberation.

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On October 20, 2017, O’Toole Scrivo partners Gary Van Lieu and Joshua S. Lichtenstein participated in the second annual New Jersey Asbestos Litigation Conference offered by NJICLE.  The program, which was coordinated by Kevin J. O’Toole and co-moderated by Gary Van Lieu, featured a panel of speakers that included the Honorable Ana C. Viscomi, J.S.C., the statewide asbestos litigation Judge, Special Master Agatha N. Dzikiewicz, Esq., Joshua Lichtenstein, and other leading practitioners in the area of asbestos litigation.  The program provided critical and practical information for lawyers practicing in asbestos and other toxic tort litigation in New Jersey.

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Managing Partner, Thomas P. Scrivo, will be speaking with Attorney General Christopher S. Porrino, the Honorable Robert J. Brennan, P.J.Ch., and Frederick W. Alworth of Gibbons P.C. at a CLE program entitled “Crisis Management: Views from the Bench, Law Enforcement, and the Bar.”  This program will be moderated by Lawrence S. Cutalo of O’Toole Scrivo and is one several other CLE programs featured at the Morris County Bar Association’s Legalpalooza on November 2, 2017.  For more information and to register, please click here.

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On October 10, 2017, O’Toole Scrivo Managing Partners Kevin J. O’Toole and Thomas P. Scrivo moderated a CLE program entitled, “The Art of Early Resolution with the Right Retired Judge as Mediator,” at the offices of Crum & Forster in Morristown, New Jersey.  The program featured several former members of the New Jersey Judiciary and Joseph M. Morris, III, Esq., Vice President, Liability Claims, at Crum & Forster.  With nearly 300 people in attendance both live and remotely across the country, the program provided practitioners and insurance-industry executives with a comprehensive overview of the mediation process and strategies for a successful, early resolution of complex matters.

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On October 5, 2017, Seton Hall University School of Law invited its alumni Kevin J. O’Toole and Thomas P. Scrivo as guest speakers.  Kevin and Tom shared their unique career paths, practical aspects of the law, and their experiences in public service with law students in Professor Denis McLaughlin’s Civil Procedure and Evidence classes.  (more…)

On September 8, 2017, Managing Partners Kevin J. O’Toole and Thomas P. Scrivo will be speaking at NJICLE’s special program entitled, “Legal & Ethical Considerations When Navigating Corporate Negotiations & Investigations.”  This CLE program will address ethical issues and dilemmas that may arise during corporation negotiations and investigations for both in-house and outside counsel. (more…)

Cedar Grove, New Jersey – August 21, 2017, O’Toole Scrivo is pleased to announce the addition of Andrew Gimigliano who joins the Firm as Of Counsel.  (more…)

On August 4, 2017, O’Toole Scrivo attorneys presented a CLE program in Boston entitled, “Ethical Challenges with the Tri-Partite Relationship.”  This interactive CLE provided clients with a comprehensive discussion on the many different ethical dilemmas facing insurers, their insureds, and counsel. (more…)

Law360, Clifton, N.J. (August 1, 2017, 2:39 PM EDT) — New Jersey Gov. Chris Christie and New York Gov. Andrew Cuomo said Tuesday that two lawyers will assume the top leadership posts at the Port Authority of New York and New Jersey, tapping their respective appointees to steer the transportation agency’s efforts amid major infrastructure projects in the region. (more…)

Law360, Clifton, N.J. (July 13, 2017, 7:02 PM EDT) — New Jersey Gov. Chris Christie has tapped James DiGiulio of O’Toole Scrivo Fernandez Weiner Van Lieu LLC to be his new chief counsel, ending the short-lived tenure of another attorney who has been named a state Superior Court judge, the governor’s office said Thursday.

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July 13, 2017 – U.S. Representative Josh Gottheimer honored Kevin O’Toole’s distinguished career in the New Jersey legislature and his retirement as New Jersey Senator.  Speaking on the House floor today, Congressman Gottheimer commended O’Toole’s service as a legislator, stating, “[Kevin O’Toole] has been a true leader on business growth and streamlining regulations to attract companies to [New Jersey] . . . .  I applaud the high value that Kevin has importantly placed on constituent service throughout his career as a legislator — a key and essential priority for any public servant.  Kevin has worked across the aisle with Republicans and Democrats alike — a practice that is essential in this time of gridlock.  As Kevin departs the Senate, we wish him all the best . . . .” (more…)

July 13, 2017 – Michael Booth, New Jersey Law Journal

Gov. Chris Christie has turned to another insider to serve as his top legal adviser through the last six months of his final term in office.

Christie announced Thursday that he has named James DiGiulio, his former senior counsel, as chief counsel.

For DiGiulio, it is a return to the administration after a brief stint in private practice. Until recently he was with the Cedar Grove firm O’Toole Scrivo, headed by Republican state Sen. Kevin O’Toole and former Christie chief counsel Thomas Scrivo. (more…)

Trenton, NJ – Governor Chris Christie today announced the appointment of James DiGiulio as Chief Counsel. DiGiulio is an attorney at the Cedar Grove law firm of O’Toole Scrivo, Fernandez Weiner Van Lieu, LLC, and he previously served as a Senior Counsel in the Governor’s Office.

DiGiulio will replace Chief Counsel Gregory Acquaviva, who is assuming his new role as a Superior Court judge, a position to which he was nominated by Governor Christie and approved by the state Senate.

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Cedar Grove, NJ – The Firm is proud to announce that the American Bar Foundation (“ABF”) has elected Managing Partner Thomas P. Scrivo as a Life Fellow.  According to the ABF, “the Fellows is an honorary organization of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession.”  Notably, membership in the Fellows is limited to one percent of lawyers licensed to practice in each jurisdiction.  Members are nominated by their peers and elected by the Board of the ABF.

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Cedar Grove, NJ – Managing Partner Kevin J. O’Toole was invited as a guest speaker at the Law & Justice Institute at Fordham University School of Law.  The Law & Justice Institute is an intensive five-week program for rising ninth graders run by Legal Outreach, an organization working with urban youth from underserved communities in New York City for the last thirty years.  Students participating in the program have the opportunity to meet various distinguished leaders in the legal community, as well as learn about our judicial system and careers in law.  Kevin shared with students today his personal path to success and the importance of striving for academic excellence.

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Cedar Grove, NJ – Longtime lawmaker Kevin J. O’Toole has officially joined The Port Authority of New York and New Jersey’s Board of Commissioners following his nomination to the position by Governor Chris Christie and his confirmation by the New Jersey State Senate.  Effective July 2, 2017, O’Toole will serve a six-year term on the Board, succeeding outgoing Commissioner Pat Schuber.

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Cedar Grove, NJ –O’Toole Scrivo has selected three new partners, effective July 1, 2017, Sean C. Callahan, Casey Chamra, and Joshua S. Lichentstein.

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Today, O’Toole Scrivo, in conjunction with Perrin Conferences, is presenting three seminars to national insurance clients, industry leaders and attorneys on cutting edge and complicated legal and ethical issues.

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Law360, New York (May 2, 2017, 6:47 PM EDT) — A collections company alleging a New Jersey law firm is running a “Mafia-style” operation of filing consumer protection class actions primarily to generate attorneys’ fees has blasted the firm’s request for attorney sanctions, arguing that its racketeering theory is backed up by two federal judges.

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Arguably the Law Journal’s most important recognition, New Leaders of the Bar endeavors to identify attorneys representing the future of the legal profession in New Jersey.

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Trenton, NJ – Governor Chris Christie has appointed O’Toole Scrivo partner, Juan C. Fernandez, to the State Ethics Commission (“Commission”).

The Commission has the power to undertake investigations and hold hearings regarding alleged violations of New Jersey’s Conflicts Law. The Commission also issues advisory opinions concerning whether a given set of facts and circumstances would, in the Commission’s opinion, constitute possible violations of the Conflicts Law or any code, rules or regulations promulgated pursuant thereto.

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We are proud to announce the formation of O’Toole Scrivo.  A mid-sized law firm with a unique set of skills in litigation and government regulation.

OToole Scrivo Announcement

The Senate as a whole today voted in favor of state Senator Kevin O’Toole to go to the Port Authority of New York and New Jersey as a commissioner.

Only state Senator Ray Lesniak (D-20) opposed the nomination.

“They have not supported equal pay for airport workers,” Lesniak said of the port, who could not extract O’Toole’s support for pay raises to bring them into line with those airport workers in New York.

The nomination passed 33-1.

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A frank discussion about the threats facing the independence and the integrity of the New Jersey Judiciary and its impact on our practices and our clients.

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