Verdicts & Settlements Disclaimer: These verdicts and settlements are actual cases. More details are available from the firm. Each case is different. The facts, the law, the age of the injured person, the severity of the injury, the makeup of the jury, the rulings of the judge, are some of the factors that make each case different. The cases listed here are not a guarantee that if you have a similar claim, you will get a similar result.
Wage and Hour and Employment Class Actions
$43,500,000 – Poole v. Merrill Lynch
Stephen DeNittis was one of the Executive Committee Counsel in the action captioned Jeffrey Poole v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Case No. CV-06-1657 (“Poole”). The action was brought on behalf of Financial Advisors and Financial Advisor Trainees of Merrill Lynch. The action alleged that Merrill Lynch failed to pay its Financial Advisors for overtime that they worked in violation of the Fair Labor Standards Act (“FLSA”), a federal statute, and various state wage and hour laws. The action also alleged that Merrill Lynch had improperly taken business expenses, such as the salary for financial assistants and errors in transactions with clients, from the wages of its Financial Advisors in violation of various state wage and hour laws.
The attorneys at DeNittis Osefchen secured $5 million against a major U.S. Bank for alleged wage and hour violations and alleged illegal deductions from pay for a class of approximately 2,000 financial advisors. The U.S. Bank’s name cannot be disclosed due to a non-disparagement agreement entered into between the parties not to advertise the settlement.
$600,000 Overtime Settlement Kaufmann v. Commerce Capital
Stephen DeNittis was lead counsel in the action captioned Kaufmann v. Commerce Capital, Case No. CV-06-cv-04664 (RBK). The Kaufmann action, was brought on behalf of 138 Financial Advisors and Financial Advisor Trainees of Commerce Bank. The action alleged that Commerce Bank failed to pay its Financial Advisors for overtime that they worked in violation of the Fair Labor Standards Act (“FLSA”), a federal statute, and various state wage and hour laws. The action also alleged that Commerce Bank had improperly taken business expenses, such as the salary for financial assistants and errors in transactions with clients, from the wages of its Financial Advisors in violation of various state wage and hour laws.
$375,000 Overtime Settlement Hyman and Bernhard v. TD Bank – Case No. 08-cv-4392 (RBK)
Stephen DeNittis was lead counsel in the action. The action alleged that TD Bank failed to pay its Financial Advisors for overtime that they worked in violation of the Fair Labor Standards Act (“FLSA”), a federal statute, and various state wage and hour laws. The action also alleged that TD Bank had improperly taken business expenses, such as the salary for financial assistants and errors in transactions with clients, from the wages of its Financial Advisors in violation of various state wage and hour laws.
Consumer Fraud Class Actions
$9,000,000 – DeMarco v. National Collector’s Mint, 229 F.R.D. 73 (S.D.N.Y. 2005)
The settlement, on behalf of a class of 176,000 people, provided a full refund (equaling almost $9,000,000) to people who bought the Freedom Tower Silver Dollar from National Collector’s Mint, Inc. (NCM) between September 1, 2004 and May 31, 2005. The class complaint alleged that NCM misrepresented the authenticity of the Freedom Tower Silver Dollars it sold to consumers. The class also claimed that NCM violated the Hobby Protection Act 15 U.S.C. § 2101(b) and should have marked the Freedom Tower Silver Dollars they sold with the word “COPY”. The case was a matter of first impression in the United Stated District Court for Southern District of New York, and is now a published opinion in the Federal Reporters. September 2005.
$5,500,000 – Pandel v. Tristar Inc. et. al.
A $5,500,000 settlement was reached with defendant Tristar Inc. for a class of over 1 million purchasers, of the widely advertised electronic stimulated exercise belts called the Fast Abs. The settlement provided refunds to members of the class. The members of the class alleged that the marketers of Fast Abs falsely advertised that users would get “six pack” or “washboard” abs without exercise. August 2003.
$5,500,000 – Arnold & Tiefert v. Ambassadors International, et. al – Civil Action No. 01 2020 (JEI)
A $5,500,000 valued settlement, (combination, of cash funds and vouchers) for a class of 10,000 students who were allegedly induced through misrepresentations and false advertising to participate in an international sports tournament which was promoted by defendants. June 2002
Window Inspection and Repairs for 1,175 Homeowners – Cooper v. Windowizards Inc. and OKNA Windows Corporation 09-cv-5509
Stephen Denittis was lead counsel in a consumer fraud class action against windows retailer Windowizards, Inc. and windows manufacturer OKNA Windows Corporation. In the settlement, defendants agreed to inspect and repair approximately 10,000 windows owned by 1,175 class members who live in New Jersey and purchased windows from the defendants between January 1, 2006 and July 31, 2009. The lawsuit claimed that Windowizards and OKNA made false statements and promises in the marketing literature used to sell the windows. Specifically, the marketing literature stated that the ComfortWeld Windows contained foam insulation in the window sashes and frames. The lawsuit alleged the windows did not contain foam insulation as promised by defendants.
$240,000 valued settlement. Dubler v. Aquahab
Stephen DeNittis and Joseph Osefchen prosecuted several claims against defendant alleging several consumer law violations dealing with Aquahab’s health club service agreements. After litigating the matter for two years a class action settlement was struck wherein approximately class members received 1 month free health club services. January 2012.
Mass Construction Defect Class Actions
$1,400,000 – Melnick & Roberts v. Orleans Homebuilders, Inc – Docket No. BUR-C-152-01
A $1,400,000 valued settlement on behalf of 3,721 homeowners who resided in town homes and condominiums throughout Mt. Laurel, New Jersey. This settlement provided injunctive relief which included Orleans providing carbon monoxide detectors to each class member; two (2) years of inspections for each class member’s home; and repairs of any construction defects in each class members’ utility room. Allegations in the class members’ complaint included construction defects and consumer fraud. March 2003.
Ward v. Orleans Homebuilders Inc.
Orleans settled and agreed to repair over 260 homes with common air conditioning design and installation defects which were causing water infiltration. 2005
Barkers v. Public Service Electric & Gas (PSE&G) et. al
A settlement was reached between a putative class of homeowners and PSE&G wherein PSE&G agreed to either install excess flow valves or place cement protective bollards to approximately 2,800 residential and commercial meter sets located throughout the State of New Jersey pursuant to a Work Plan that was filed with the Board of Public Utilities. Plaintiffs alleged that PSE&G negligently placed meters in a dangerous condition, in close proximity to persons’ driveways, garage doors or parking areas. As a result of the efforts of Stephen DeNittis in pursuing this case, the Board of Public Utilities proposed and adopted new rules and regulations in December of 2004 prohibiting any new or existing gas meters from being installed within 3 feet of any garage door, driveway or parking area in the State of New Jersey. June 2004.
Schmoll v. J.S. Hovnanian, Docket Number, BUR-C-141-02
A settlement was reached with homebuilder J.S. Hovnanian & Sons on behalf of 996 homeowners who reside in single family homes throughout Mt. Laurel, New Jersey. The settlement was reached after four days at trial. The settlement included defendants providing inspections and repairs of class members’ homes. September 2005.
$342,000 – Felderstein et. al. v. Orleans Homebuilders, Inc. – Docket No. BUR-L-479-02
A cash settlement with defendant, Orleans Homebuilders, Inc., for a class of 57 homeowners in the Laurel Creek development in Mt. Laurel, New Jersey. The members of the class alleged that there was a construction defect when the homes were constructed. The class members alleged defendants negligently constructed the homes when it failed to place flashing around the bay windows of their homes which led to substantial water damage. February 2003.
Real Estate Closing Overcharging and RESPA Class Actions
$525,000 – Blasini v. Weichert
A common fund cash settlement to reimburse approximately 8,000 sellers of real estate who paid an alleged illegal “Administrative Fee” to Weichert in the sale of their property. 2011
$270,000 – Baraldi v. Prudential Fox and Roach
A common fund cash settlement to reimburse approximately 4,000 sellers of real estate who paid an alleged $200 illegal “Administrative Fee” to Weichert in the sale of their property. 2011
Blasini v. Trident Title
A settlement wherein Trident Title agreed to a claims procedure to provide a 100% refund to any of its 17,000 customers in the last 6 years after being sued for charging alleged illegal Deed and Mortgage recording fees. 2011
Environmental and Toxic Tort Class Actions
$5,100,000 – Carnival v. Waste Management Inc. – Civil Action No. 97 5122
A $5,100,000 settlement paid by Waste Management, Inc. for the property devaluation of approximately 2,000 property owners due to the alleged negligent operations of a municipal waste dump. September 1998.
$1,450,000 – Staub, et al. v. Hoeganaes, BUR-L-2080-03
On August 16th, 2006, the Court granted final approval of a $1.45 million class action settlement for industrial emissions damaging boat windows. Plaintiffs claimed that particulate iron from Hoeganaes Corporation plant in Riverton caused deterioration of transparent sheet windows called Isinglass on their motorboat. The settlement provided boat owners with compensation ranging between $325 to $1,330 depending on the boat’s size, window repairs and other factors. Docket Number BUR-L-2080-03. August 2006.
Personal Injury Awards
$7,100,000 – Ingling v. Ryder Truck Rental Inc. et al., Docket No. CAM-L-7910-04
A settlement was reached for a man who suffered a catastrophic brain injury due to a slip and fall on ice that occurred on a Ryder Truck parking lot in Pennsauken, New Jersey. This settlement was largest individual slip and fall recovery ever reported in the State of New Jersey. March 23, 2007.
$4,250,000 Medeiros v. Cooper Hospital
A settlement for a man who suffered a severe brain damage due to alleged medical malpractice which occurred while he was admitted following a an automobile accident. June 1999.
$900,000. Patel v. Rosa
A settlement for a pedestrian hit and dragged over 20 feet by a motor vehicle near the Cherry Hill Mall. December 2011.
$500,000 Moore v. Peirsol Homes et al.
A verdict after 5 days of trial was obtain on behalf of a construction worker who severely injured his back when he fell due to a dangerous condition caused by the defendant at a residential construction site. July 2011
$435,000 Weller v. State of New Jersey
A verdict for wrongful death of a student who died while driving his automobile. The cause of his death was the allegation that government workers negligently maintained a highway. March 1998
$650,000 settlement for a construction worker electrocuted when a crane at the site hit an overhead power line. 1998
A settlement for the employment age/disability discrimination of a man who worked for a public Florida time-share company. October 1999.