Gerald T. Ford Member New Jersey
Phone: 973.623.2700 Fax: 973.623.4496 gford@lcbf.com
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For over 30 years, clients have been asking Gerry to handle high exposure claims with complex factual and legal issues. As a former CPA and Assistant United States Attorney for the Southern District of New York, Gerry brings a practical, no-nonsense approach - - at the beginning of a case - - to the chances of success and the costs and benefits of litigation.

A wide variety of clients - - including insurance carriers, railroads, professional firms, construction companies, and financial institutions - - have asked Gerry for advice and representation. Clients value his recommendations as to whether to litigate or settle and at what price.  Clients also ask Gerry to work with their local counsel across the country on difficult cases, including assisting with briefs at the trial and appellate court levels and serving as plaintiff’s counsel in mock trials for high exposure cases.

Gerry’s passion is good, clear legal writing.  A former Editor-in-Chief of the Fordham Law Review and law clerk to the Honorable William H. Timbers of the U.S. Court of Appeals for the Second Circuit, Gerry is a gifted writer with a knack for preparing tightly organized briefs to courts and memoranda to clients.  Gerry is often called upon to prepare summary judgment motions, post-trial briefs and appellate briefs in numerous federal and state trial and appellate courts across the country.  He has been asked to prepare amicus curiae briefs for high courts, including the United States Supreme Court.  And, his ability to concisely analyze the strength and weakness of a case led one client to ask Gerry to develop an executive summary reporting format to be used by all of its defense counsel across the country.

Because of his analytical and writing skills, clients look to Gerry for assistance in a wide variety of practice areas.  The breadth of his experience in civil litigation rivals any lawyer in the country.  Examples of some of Gerry’s cases are listed below.

A founding member of the firm, he has held an “AV Preeminent” rating from the Martindale-Hubbell® Peer Review Ratings™ for many years.  Martindale-Hubbell is published by Internet Brands, Inc.  A description of their selection methodology can be found here.  No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Gerry’s diverse litigation practice is a product of the path that led him to LCBF.  Before graduating from college, he worked in a variety of construction jobs, and to this day construction accident and defect cases make up a substantial part of his practice.  Before attending law school, Gerry was a CPA with Arthur Andersen & Co., which provided him with unique insights for defending the many accountants, attorneys, insurance agents and title agents he has represented over the years.  While attending law school, he worked as a New York City taxi cab driver, where he learned the fundamentals of client service, and then as Editor In-Chief of the law review, where he honed both his writing and leadership skills.

After law school and the clerkship, from which he gained invaluable appellate and trial court experience, Gerry worked for two years at Hughes Hubbard and Reed, where he worked on major corporate litigation, including defending claims against the Hunt brothers for allegedly attempting to corner the silver market and national accounting firms for security fraud claims.  He left to take a position in the U.S. Attorney’s Office for the Southern District of New York, where he was fortunate to serve under John S. Martin, Jr. and Rudolph W. Giuliani.  There, he gained extensive, first-hand trial and appellate experience, and was promoted to Chief of the Tax Unit.

Representative Cases

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Representative Cases

  • Elias v. Federal Home Loan Mortgage Corp. 2014 WL 3702597 (6th Cir. 2014), affirming 2013 WL 5372887 (E.D. Mich. 2013) (rejecting all of plaintiffs’ arguments on appeal and upheld the dismissal, on a Rule 12(b)(6) motion, of a complaint filed by a real estate broker and his companies claiming that their inclusion on Freddie Mac’s Exclusionary List violated the antitrust laws and constituted interference with contract, defamation, and civil conspiracy)

  • National Railroad Passenger Corporation v. The City of New Brunswick (D.N.J. 2013) (consent order, following pre-discovery summary judgment motion, vacating tax assessments and tax sales that had occurred on Amtrak-owned property within the City of New Brunswick and further ordered the City not to issue any future tax assessments, tax bills or conduct tax sales on any Amtrak-owned property within the City)

  • Schofield v. Avante Contractive Corp. (Supreme Court, Westchester County) (granting general contractor summary judgment dismissing Labor Law §§ 240(1), 241(6), and 200 claims of plaintiff, who fell from an unsecured ladder, on ground that plaintiff was the sole proximate cause of the accident because he did not remove or request the removal of Sheetrock on the floor that served as an obstruction)

  • Del Savio Masonry Corp. v. American Empire Surplus Lines Ins. Co.; Avalon WP I et al. v. American Empire Surplus Lines Ins. Co. (Supreme Court, Bronx, County) (granting insurer client summary judgment that it did not have a duty to defend or indemnify two insureds on the ground that the insureds failed to provide timely notice of the occurrence of the underlying accident)

  • Elias v. Federal Home Loan Mortgage Corporation, 2013 WL 5372887 (E.D. Mich 2012) (granting motion to dismiss state antitrust law, interference with contract, defamation, and civil conspiracy claims brought by real estate broker and his companies based upon their inclusion on Freddie Mac's Exclusionary List)

  • Twine v. Powers, 2012 WL 760167 (S.D.N.Y. 2012) (denying the plaintiff’s Rule 60(b) motion to vacate voluntary dismissal of civil rights claim against our client pursuant to a voluntary plea agreement in criminal case where the plaintiff alleged that the prosecutor had violated the terms of the plea agreement)

  • Port Imperial Condominium Ass’n, Inc. v. K. Hovnanian Port Imperial Urban Renewal, Inc., No. HUD-L-2094-08 (N.J. Law Div. 2012) (case of first impression involving application of statute of repose in a condominium construction defect case to a subcontractor who performed work on multiple buildings in a condominium complex)

  • Stowe v. National Railroad Passenger Corp., 793 F.Supp. 549 (E.D.N.Y 2011) (denying the plaintiff’s motion for a new trial in a FELA case where liability was conceded and the jury awarded no damages, where plaintiff claimed multiple injuries to her neck, spine, chest and left shoulder, requiring surgery, as well as fear of cancer, PTSD and depression)

  • Clemente v. New Jersey Transit, No. ESX-L-8977-08 (N.J. Law Div. 2011) (dismissing contractual indemnity claim brought by property owner against our client, the general contractor, in a case filed by estate of construction laborer who suffered fatal electrical burns)

  • Kreimer v. National Railroad Passenger Corp., 2011 WL 4906631 (D.N.J. 2011) (granting our client’s Rule 12(b)(6) motion to dismiss, based on the statute of limitations, a civil rights claims asserting First and Fourth Amendment violations)

  • Simoes v. National Railroad Passenger Corp., 2011 WL 2118934 (D.N.J. 2011) (agreeing with our client’s position in a contract dispute that its unsigned purchase order issued to a contractor was a binding contract; that the purchase order was sufficiently definite to be enforceable; that the choice-of-law provision in the purchase order was enforceable; and that the indemnity clause in the purchase order was enforceable and entitled our client to indemnity even for our client’s own negligence)

  • Johnson v. Amtrak, 2010 WL 3230607 (3d Cir. 2010) (affirming dismissal of ADA lawsuit filed by a plaintiff alleging disability discrimination in the services provided to him by our client in cross- country train travel)

  • Blog v. Sports Car Club of America, Inc., 270 A.D.2d 215 (App. Div. 1st Dep’t 2000), lv. to appeal denied, 95 N.Y. 2d 954 (2000) (reversing trial court and ruling that our client insurer had no obligation to defend motor sport company for a race car accident because it was not a covered race car official)

  • Montgomery v. Cheshire Handling d/b/a Riverside Reload Center, No. 2009-112 (Vt. Sup. Ct. 2009) (affirming denial of Rule 60(b) motion to vacate dismissal of a state court case involving an accident with catastrophic injuries based on an allegedly inconsistent position taken by our client in a subsequent federal court trial on the merits of the same accident, which resulted in a defense verdict)

  • FDIC v. Hodge, No. 09-CV-3234 (E.D.N.Y. 2009) (defense of title insurance agent in an action being prosecuted by the FDIC, as receiver for an insolvent bank, against 48 defendants in an alleged mortgage fraud scheme involving 20 different residential properties)

  • Fares v. Norfolk Southern Corp., No. 03-CV-5267 (D.N.J.2008) (granting our client’s motion for summary judgment and dismissing a hostile work environment claim based on numerous alleged incidents of post-9/11/01 harassment against a Muslim plaintiff by his co-workers)

  • Egan v. Monadnock Construction. Inc., 43 A.D. 3d 692 (App. Div. 1st Dep’t 2007) , lv. to appeal denied, 10 N.Y. 3d 706 (2008) (affirming Bronx trial court’s grant of summary judgment dismissing the Labor Law 240(l) and 241(6) claims brought by a plaintiff who fell off a ladder against our client, a general contractor, for severe orthopedic injuries that required six surgeries; court agreed with our position that the plaintiff’s own actions were the sole proximate cause of his accident)

  • Montgomery v. NLR Co., 2008 WL 299555 (D. Vt. 2008) (denying a FELA plaintiff’s motion for a new trial in case with catastrophic injuries where jury returned a defense verdict after finding that the plaintiff’s non-railroad employer was not a part of a single business enterprise with its corporate affiliates, which were railroads)

  • Love v. National Railroad Passenger Corp., 2008 WL 313112 (N.J. App. Div. 2008) (denying the FELA plaintiff’s motion for a new trial where liability was conceded, the plaintiff had multiple surgeries, the jury awarded $350,000 in lost wages but zero for pain and suffering and the trial judge granted the plaintiff an additur of only $125,000 for pain and suffering)

  • Gazis v. Miller, 186 N.J. 224 (2006) (case of first impression involving application of New Jersey’s late notice rule to a risk retention group providing excess liability coverage)

  • Fireman’s Ins. Co. v. National Union Fire Ins. Co., 387 N.J. Super. 434 (App. Div. 2006) (a leading case in New Jersey on the definition of “property damage” and “occurrence” in the context of construction defect claims; affirming grant of summary judgment to our client insurer and holding that it had no duty to cover construction defects at a condominium complex)

  • Mitchell v. National Railroad Passenger Corp., 407 F. Supp. 2d 213 (D.D.C. 2005) (granting our client’s motion for summary judgment on the plaintiff’s age and perceived disability discrimination claims)

  • Laurie v. National Railroad Passenger Corp., 2004 WL 1661831 (3d Cir. 2004) (affirming grant of summary judgment in a case bought by the estate of a minor trespasser killed by a train at what the plaintiff contended was a “permissive crossing” under Pennsylvania law)

  • In re Cendent Corp. Prides Litigation, 311 F.3d 298 (3d Cir. 2002) (reversing trial court and ordering trial court to grant Rule 60(b) motion filed by our client (Chase Manhattan Bank) to collect its $23 million share of a class action settlement)

  • Comuso v. National Railroad Passenger Corp., 267 F.3d 331 (3d Cir. 2001) (dismissing appeal and denying petition for writ of mandamus filed by a plaintiff’s attorney who was sanctioned and disqualified for misconduct during a trial that resulted in a mistrial)

  • In Re Cendant Corp. Prides Litigation, 234 F.3d 166 (3d Cir 2000) (reversing and remanding for fact-finding a trial court order denying a Rule 60(b) motion filed by our client (Chase Manhattan Bank) to collect its $23 million share of a class action settlement)

  • Bezerra v. National Railroad Passenger Corp., 760 A.2d 56 (Pa. Super. Ct. 2000) (affirming denial of new trial for a plaintiff involved in a train derailment where liability was stipulated and the jury awarded the plaintiff zero damages)

  • Frantz v. Northeast Commuter Services Corp., No.: CIV-A-97-6631 (E.D. Pa. 1998) (denying the plaintiffs’ motion for a preliminary injunction challenging restrictions on their First Amendment right to distribute leaflets at our client’s train station)

  • Ben Rich Trading Inc., v. City of Vineland, 126 F.3d 155 (3d Cir. 1997) (reversing trial court’s preliminary injunction order entered on First Amendment grounds that enjoined our municipal client from enforcing its municipal ordinances restricting hours of operation of sexually oriented businesses and prohibiting conversation booths in adult bookstores)

  • Robertson v. Fiore, 62 F.3d 596 (3d Cir. 1995) (affirming dismissal of the plaintiff’s civil rights claim that our public entity client discharged him from his position because of his political affiliation)

  • Rolo v. City Investing Co. Liquidating Trust, 153 F.3d 644 (3d Cir. 1998) (affirming dismissal of claims against out client for RICO and securities fraud based upon sale of real estate in Florida at allegedly inflated prices)

  • Hudson United Bank v. LiTenda Mortage Corp., 1996 U.S. Lexis 22917 (D.N.J. 1996) (granting our client’s Rule 12(b)(6) motion and dismissing a bank’s claim that it had a security interest in a mortgage loan servicer’s rights to income from servicing a loan portfolio owned by our client, after our client terminated its contract with the mortgage servicer)

  • Hill Int'l Inc. v. National Railroad Passenger Corp., 957 F. Supp. 548 (D.N.J. 1996) (denying a motion for a preliminary injunction filed by a disappointed bidder seeking to become the project manager for a $60 million construction project and granting our client’s motion for summary judgment dismissing the complaint)

  • Meiri v. Dacon, 759 F.2d 989 (2d Cir. 1985) (the leading case in the Second Circuit for many years on a defendant’s entitlement to summary judgment in a Title VII employment discrimination lawsuit)

  • In Stowe v. National Railroad Corp., 2012 WL 4360436 (2d Cir. 2012), affirming 793 F. Supp. 2d 549 (E.D.N.Y. 2011), the Second Circuit rejected all of the plaintiff's arguments on appeal and upheld a zero damages verdict after LCBF's client had conceded negligence. Among other things, the plaintiff had argued that the Supreme Court's Decision in CSX Transp. Inc. v. McBride, 131 S. Ct. 2630 (2011) required a new trial because the FELA jury charge on causation omitted the phrase "no matter how small. "The plaintiff asserted this phrase was mandatory after McBride because the charge approved in McBride had contained that language. Agreeing with the LCBF position on appeal, the Second Circuit ruled that because the jury charge given by the trial court tracked the language of the statute, the charge was not erroneous. The LCBF team was headed by Gerry Ford and Mark Landman

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Practice Areas

Admissions

New York, 1980
New Jersey, 1981
U.S. District Court District of New Jersey
U.S. District Court Southern District of New York
U.S. District Court Eastern District of New York
U.S. District Court Northern District of New York
U.S. Court of Appeals 2nd Circuit
U.S. Court of Appeals 3rd Circuit
U.S. Court of Appeals 4th Circuit
U.S. Court of Appeals 6th Circuit
U.S. Court of Appeals 9th Circuit
U.S. Court of Appeals 11th Circuit
U.S. Supreme Court

Associations and Professional Activities

New Jersey Society of Certified Public Accountants

National Association of Railroad Trial Counsel

Defense Research Institute

Association of the Federal Bar of the State of New Jersey

New Jersey Bar Association

New Jersey Institute of Municipal Attorneys

Honors and Awards

“AV Preeminent” rating from the Martindale-Hubbell® Peer Review Ratings™ [see text to the left]

Education

J.D., Cum Laude, Fordham University School of Law, New York, New York, 1979
Editor-in-Chief, Fordham Law Review, 1978 - 1979

Certified Public Accountant, New York, 1977

Certified Public Accountant, District of Columbia, 1976

B.S., Miami University, Oxford, Ohio, 1974