Back to Joseph M. Tomaino Bio

Representative Cases

• Transportation - Maher v. McKelvin et al.  Defense verdict in an action venued in Nassau County.  The rear-end impact totaled plaintiff's car and allegedly caused injuries to his back that would require surgery and kept him from returning to work.  Despite conceding liability, the defense challenged medical causation, the need for future surgery and the alleged inability to work.  Pre-trial demand was $750,000.

• Premises - Defense verdict on liability after a four-day trial.  Plaintiff claimed that an excessively hot cast iron skillet was passed into her hand causing burn injuries which required surgery.  Utilized plaintiff’s prior sworn deposition testimony and medical records to show significant credibility issues.  Before trial, plaintiff made a six-figure demand.

• Professional Liability - Following a four-day virtual arbitration, successfully obtained a finding of no liability as to our client. Claimants alleged that our client’s home inspection and report failed to disclose significant deficiencies.  As a result, they allegedly lost the opportunity to back out of the contract or, alternatively, that they suffered extensive repair/replacement damages.  Demonstrated through cross-examination that, claimants and their liability and damages witnesses lacked credibility and relied on inaccurate information to form their opinions.

• Professional Liability - $65,000 verdict inclusive of interest when professional conceded calculation error, but challenged causation and damages.  Alleged trial damages exceeded $600,000.  Pre-trial demand was $300,000 and pre-trial offer was $125,000.

• Employment - Muro v. The MITRE Corp. et al.  Dismissal of plaintiff's claims under New Jersey Law Against Discrimination and Conscientious Employee Protection Act.  Additionally, our client was awarded $150,000 in counsel fees and $118,000 for costs and forensic/electronic data expenses because the defense demonstrated that plaintiff had fraudulently modified electronic communications and intentionally deleted records.

• Employment - In Saari v. The MITRE Corp. et al., the United States District Court for the District of New Jersey dismissed an action alleging unlawful termination and disability discrimination in violation of the New Jersey Law Against Discrimination and violations of the Family Medical Leave Act.  Plaintiff, who had been terminated as part of a reduction in force, had filed suit in state court against the corporation and two supervisors.  Removed the case to federal court and conducted e-discovery and depositions to posture the case for summary judgment.  Many of the undisputed material facts were established by defense counsel at plaintiff’s deposition.

• Toxic Tort - In Mallozzi v. EcoSMART, 2013 WL 2415677 (E.D.N.Y.), obtained summary judgment dismissing plaintiff’s claims that he had suffered permanent injuries and needed future medical treatment as a result of exposure to our client’s pest control product.  Successfully challenged the opinions of plaintiffs' occupational and environmental health expert pursuant to Daubert v. Merrell Dow Pharm. Inc., 509 U.S. 579 (1983).  As a result of the expert's opinions being deemed unreliable, plaintiff could not establish a causal connection between the alleged exposure and the claimed injuries.

• Toxic Tort – Williams v. 3M Company, et al.  Dismissal via summary judgment of plaintiff’s asbestos complaint against our clients.  The court granted the motion pursuant to our request to bar the opinions of plaintiff’s expert as inadmissible net opinion.

Back to Joseph M. Tomaino Bio