Joseph M. Tomaino Member New Jersey
Phone: 973.623.2700 Fax: 973.623.4496 jtomaino@lcbf.com
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Clients value Joe’s ability to assess a case, posture it for early resolution, and, if necessary, use his well-developed skills as a litigator and trial attorney to achieve favorable results.  In representing clients for over 19 years, Joe has obtained defense verdicts in the face of high six-figure and seven-figure demands. Joe represents a broad range of clients encompassing: transportation; toxic tort; employment; professional liability; construction; products liability; premises liability; and personal injury.

Examples of results for Joe's clients include:

  • Defense verdict in favor of bus company and driver. Plaintiff claimed mild traumatic brain injuries and sought monetary damages for pain and suffering, disablitity/impairment and loss of enjoyment of life, as well as $1.7 to $2.2 million in future economic losses.
  • Defense verdict for transportation company whose driver was accused of physically and verbally abusing autistic child and allegedly causing a number of new behavioral problems.  Pre-trial demand exceeded $1 million dollars.
  • Defense verdict for medical equipment company accused of negligence which allegedly caused multiple leg fractures requiring surgery.  Pre-trial demand was $750,000.
  • Award in employer’s favor following week-long American Arbitration Association hearing on liability in response to corporate officer’s claim of gender and national origin discrimination.  Lost wage claim, inclusive of bonuses and stock options, exceeded $2 million dollars.
  • Defense verdict for transportation company.  Plaintiff alleged significant back injuries and lost wages.  Despite conceding liability, the jury returned a defense verdict based upon the defense questioning medical causation and alleged damages.  Pre-trial demand was $750,000.
  • Defense verdict for retail employer in race discrimination case where plaintiff asserted claims for harassment and hostile work environment.  Similar claims by co-worker were dismissed via summary judgment.
  • Summary judgment dismissal of various claims in areas such as toxic tort, employment law, premises liability and professional liability.
  • Numerous favorable settlements, many before significant legal expenses were incurred and/or involving high exposure claims.

Prior to joining the Firm, Joe served as a law clerk for the Honorable Rudy B. Coleman, Superior Court of New Jersey, Law Division from 1997-1998.

Representative Cases

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Representative Cases

  • Professional Liability - $65,000 verdict for plaintiff inclusive of interest when defendant conceded calculation error, but challenged causation and damages.  Alleged 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., MON-L-4046-11 (N.J. Super. Monmouth County). Dismissal of plaintiff's claims under New Jersey Law Against Discrimination and Conscientious Employee Protection Act.  Additionally, defendants were awarded $150,000 in counsel fees and $118,000 for costs and forensic/electronic data expenses becuase LCBF demonstrated that plaintiff had fraudulently modified electronic communications and intentionally deleted records.

  • Employment - In Saari v. MITRE Corporation, the United States District Court for the District of New Jersey dismissed an action alleging unlawful termination and disability discrimination claims in violation of the New Jersey Law Against Discrimination (“NJLAD”) and violations of the Family Medical Leave Act (“FMLA”).  Plaintiff, who had been terminated as part of a corporate-wide reduction in force, had filed suit in New Jersey state court against the corporation and two supervisors.  LCBF 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 own deposition.

  • Transportation - In Maher v. McKelvin et al., LCBF obtained a defense verdict from a jury 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 jury returned a defense verdict.  The LCBF team was headed by Joseph M. Tomaino

  • Toxic Tort - In Mallozzi v. EcoSMART, 2013 WL 2415677 (E.D.N.Y.), LCBF obtained summary judgment dismissing plaintiff’s claims that he had suffered permanent injuries and needed future medical treatment as a result of brief exposure to our client’s pest control product.  LCBF 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. The LCBF team was headed by Joseph M. Tomaino

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Practice Areas

Admissions

New Jersey, 1997
New York, 2011
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

Associations and Professional Activities

New Jersey Defense Association

Education

J.D., Seton Hall University School of Law, Newark, New Jersey, 1997
Seton Hall Journal of Sports Law
Barrister, Seton Hall University School of Law, Inn of Court

B.A., Rowan University, 1993