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Products Liability – Knowing & Preparing for NJ’s Successor Liability

By: Anthony J. Medori, Esq. & Andrew J. Rossetti, Esq.   Your company is looking to acquire another entity’s assets.  In-house counsel has examined the purchase agreement to ensure it incorporates the general rule of successor liability: “where one company sells or otherwise transfers all its assets to another company the latter is not liable for the debts and liabilities of the transferor, including those arising out of the latter’s tortious conduct.”[1]  In other words, if Company A sells or transfers all of their assets to Company B, then Company B is not liable for Company A’s debts or liabilities. … Read More

Bringing Title 59 Claims

Liability of Local and State Governments: Evaluating Title 59 Tort Claims Presented by: Louis J. DeVoto, Esquire- Certified Civil Trial Attorney Past President, Trial Attorneys of NJ Presented for ICLE- New Jersey Law Center, New Brunswick, NJ October 29, 2015 Chapter 1: Legislative declaration, definitions and various provisions defining the scope of the Act. Chapter 2: Applies to public entities and establishes a presumption of immunity (including discretionary) unless liability is expressly allowed in the Act. Chapter 3: Applies to public employees and establishes a presumption of liability unless there is an immunity. Chapter 4: Dangerous Conditions Covers liability and… Read More

Cumberland County Jury Awards $486,000.00

Bridgeton, New Jersey: A Cumberland County Jury returned a verdict of $486,000.00 in favor of a 35 year old Millville resident for injuries she sustained in a car accident on April 20, 2004. The verdict was rendered after three days of trial before the Honorable Michael Brooke Fisher, JSC. The plaintiff was represented by Louis J. DeVoto of Rossetti & DeVoto, P.C. in Cherry Hill. Joanne Saduk was seriously injured on April 20, 2004 when the car she was driving was struck in the rear at a high rate of speed while stopped to make a left turn onto South… Read More

$1.5 Million for Injured Motorcyclist

STATE OF NEW JERSEY PAYS $1.5 MILLION TO INJURED MOTORCYCLIST DURING TRIAL Bridgeton, New Jersey. May 2008 The State of New Jersey paid $1.5 million to a motorcyclist injured in a crash with a State Trooper on October 18, 2005. The settlement occurred on May 15, 2008 after three days of trial before the Honorable Martin Herman, JSC in Cumberland County. Louis J. DeVoto of Rossetti & DeVoto, P.C. in Cherry Hill represented the plaintiff. It was alleged that the Trooper was negligent in crossing an intersection and darting out in front of the plaintiff resulting in the plaintiff broad-siding… Read More

$1.5 Million Settlement Against Golf Course for Failure to Maintain Trees

A $1.5 Million settlement was reached against a South Jersey Golf course after a 77 year-old man was seriously injured when a dead tree branch fell from 20 feet and struck him while he was playing golf. RD was able to get to the scene immediately after the incident and file an emergent application with the court to grant us access to the course and to preserve the tree and tree limb as well as photograph the site which proved invaluable in demonstrating that this was not an Act of God but rather a predictable and preventable incident. The force… Read More

$1.3 Million Settlement for Two Navy Recruits Injured in Crash

A $1.3 million settlement was reached for two young Navy recruits who were both seriously injured when the driver of their vehicle, a Navy recruiter, pulled from a stop sign directly into oncoming traffic just after the recruits took and passed their entrance exam. The crash was severe but liability was disputed as were the injuries. Andy Rossetti handled the case for RD and presented a complex accident reconstruction to the federal Judge during settlement negotiations in order to obtain this large settlement. The reconstruction was convincing and resulted in this large settlement as the opposing driver had very little… Read More

$945,000 Recovered Against Product Manufacturer

Rossetti & DeVoto recovered $945,000 for woman injured by a defective workplace machine causing amputation to her thumb. The case was handled by Andy Rossetti. RD’s 56 year-old client had her thumb amputated by an unguarded rotating shaft on a wave solder machine. She worked in a manufacturing plant and her job was to shut down the machine by bringing the hot solder pot out of the machine and place a thermal blanket on top of the pot, and then bring the pot back into the machine. When the solder pot comes out of the machine it rolls out onto… Read More

$1.9 Million Recovery in Wrongful Death

Rossetti & DeVoto recovers $1.9 Million for the family of a 16 year-old autistic student whose tragic drowning death occurred while taking part in a weekly swimming class at the Burlington County Special Services School in Westampton, New Jersey. Lou DeVoto handled the case for RD. Shortly after the drowning, DeVoto filed an emergent action in New Jersey Superior Court – Burlington County to compel the Burlington County Special Services School District to preserve and turn over key evidence before the filing of a lawsuit. The judge agreed ordering the turnover of all evidence before the mandatory six-month waiting period… Read More

$1,850,000 Settlement for Fractured Leg

The County of Monmouth agrees to pay $1.85 Million for leg injuries sustained by a 62 year-old Cliffwood Beach resident who was injured in a crash with a Monmouth County Senior Citizen Transport Bus. Lou DeVoto handled the case for Rossetti & DeVoto. The defendant negligently pulled from a stop sign and drove the bus directly into the path of RD’s client who had no ability to avoid the crushing impact. While RD’s client testified that the bus pulled directly into her path of travel, the defendant bus driver claimed the plaintiff caused the crash by speeding. The crash caused… Read More

$750,000 Medical Malpractice Verdict

A Camden County Jury awarded $750,000 to a Rossetti & DeVoto client on October 10, 2013 after she sustained internal injuries during a c-section. Andy Rossetti tried the case for the firm in a trial that lasted two weeks before the Honorable Anthony Pugliese, J.S.C. Rossetti alleged that the doctor injured the small bowel during the c-section and then failed to identify the injury during the surgery. Her failure to protect the bowel resulted in the bowel contents to spill into the abdominal cavity. The bacteria-laden contents infected the plaintiff to the point of peritonitis which progressed to sepsis. The… Read More

The Art of Direct Examination

The Art of Direct Examination                         Presented for: National Business Institute Cherry Hill, New Jersey January 23, 2007 Presented by: Louis J. DeVoto, Esquire Rossetti & DeVoto, P.C. 20 Brace Road Suite 115 Cherry Hill, NJ 08034 856-354-0900 856-354-0920 fax www.RossettiDeVoto.com DIRECT EXAMINATION – AN IMPORTANT BUILDING BLOCK TO YOUR CASE FOUNDATION             Direct examination is one of the most overlooked elements of a jury trial. Trial attorneys will often suggest that opening statements, cross examination and closing arguments are what win jury trials. But the case in chief, direct examination, is where the case is proven. If you can’t… Read More

Medical Malpractice – The Affidavit of Merit Requirement

  AFFIDAVIT OF MERIT Hot Tips for Civil Litigators ICLE- NJ September 17, 2011                   Louis J. DeVoto ROSSETTI & DEVOTO, PC 20 Brace Road Suite 115 Cherry Hill, NJ 08034 856-354-0900 ldevoto@rossettidevoto.com     I.       History   The Affidavit of Merit (AOM) was created in 1995 by the enactment of the Affidavit of Merit statute, N.J.S.A. 2A:53A-26A et seq.   The statute has undergone some modifications since its original enactment, particularly with respect to what professions it applies to and what experts may sign the affidavit, it remains a pre-requisite for all… Read More

Practical Tips For Jury Selection

Practical Tips For Jury Selection Presented for: Institute For Continuing Legal Education-N.J. Voorhees, New Jersey March 20, 2010                                                 Louis J. DeVoto                                                 ROSSETTI & DEVOTO, P.C.                                                 20 Brace Road, Suite 115                                                 Cherry Hill, New Jersey 08053                                                 (856) 354-0900                                                 www.rossettidevoto.com                                                 I           Why Voir Dire is so important             Despite the importance in selecting fair and unbiased jurors, it is perhaps the most overlooked part of a jury trial. The courts have treated the process as an inconvenience, expert consultants often agree to disagree on the most effective way to select a jury and lawyers are… Read More

Knowing and Preparing for New Jersey’s Successor Liability

Products Liability Knowing & Preparing for NJ’s Successor Liability By: Andrew J. Rossetti, Esq. & Anthony J. Medori Your company is looking to purchase another entity’s assets. Your in-house counsel has overlooked the purchase agreement and made sure it incorporated the general rule of successor liability: a company acquiring all of a seller’s assets shall not be liable for that seller’s debts and liabilities, including those arising out of tortuous conduct. You feel like you covered all of your bases, but are you really clear of all successor liabilities?The answer is NO…well, at least not in New Jersey. Courts have… Read More

Civil DWI Claims in New Jersey: Overlooked Causes of Action

Civil DWI Claims in New Jersey:Overlooked Causes of Action BY ANDREW J. ROSSETTI &SCOTT S. AMITRANORossetti is a partner, and Amitrano a law clerk in the Cherry Hill office of Rossetti & Devoto, PC With the consumption of alcohol goes the golden rule: “Don’t drink and drive.” But not everyone heeds this warning. Every year people are killed as a result of drunk driving. All too often a person who has had too many drinks decides to drive and injures himself, his friends, or innocent third parties. While most fingers point at the driver, other parties such as bartenders, social… Read More

Product Liability Seminar

PRODUCT LIABILITYEARLY PRESERVATION OF EVIDENCE / EMERGENTAPPLICATION / INVESTIGATION / SPOLIATION April 2, 2009 Presented by:Andrew J. Rossetti, EsquireRossetti & DeVoto, P.C. PRODUCT LIABILITY – EARLY PRESERVATION OF EVIDENCEEMERGENT APPLICATION / INVESTIGATION / SPOLIATION Early investigation of a product liability claim is absolutely vital to the successful prosecution of the claim. Taking the appropriate steps to preserve physical evidence, investigate the scene, and conduct witness interviews are all essential to a successful case. A) PHYSICAL EVIDENCE It is critical that any physical evidence in a product liability claim be preserved immediately! The evidence will need to be maintained in its… Read More

Selecting the Ideal Juror

SELECTING THE IDEAL JURORTHE TOP TEN PRACTICAL TIPS FORPRODUCT LIABILITY LITIGATORS: NO-NONSENSE STRATEGIES YOU CAN USE RIGHT AWAY IN YOUR PRACTICE PREPARED FOR NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION SPONSORED BY THE NEW JERSEY STATE BAR ASSOCIATION PRODUCT LIABILITY SECTION Presented by:Andrew J. RossettiROSETTI & DEVOTO, P.C. May 15, 2008 INTRODUCTION I DEMEANOR AND APPREARANCE II AGE III OCCUPATION IV GENDER V RACE VI WEALTH AND SOCIAL STATUS VII MARITAL STATUS VII CONCLUSION INTRODUCTION Jury selection is a complex topic that many psychologists, lawyers and jury consultants have exhaustively researched in search of the ideal juror. The purpose of… Read More

Mediation – The Plaintiff’s Perspective

MEDIATION – THE PLAINTIFFS PERSPECTIVE PRODUCT LIABILITY: A Road Map to Mediation or trial March 11, 2006New Jersey Law CenterNew Brunswick NJ Institute for Continuing Legal Education SeminarPresented by: Andrew J. RossettiRossetti & DeVoto P.C Preparing your client for mediation. How is (s)he to dress? No body piercing, wild cloths etc. visual impressions last. Make sure they know the verdict ranges and settlement ranges. Make sure they know the costs involved in taking the case to trial. Stress this is a benefit to him/her, it is better than being sent into the hall before the jury comes in to make… Read More

Selecting a Winning Jury

Selecting a Winning Jury Personal Injury Case Management for the Seasoned Litigator Presented by:Andrew J. Rossetti, Esquire Presented for:National Business InstituteCherry Hill, New JerseyNovember 29, 2007 I Voir Dire in New Jersey? Despite the importance in selecting fair and unbiased jurors to determine the legal disputes of its citizens, New Jersey has treated this process into one of inconvenience and annoyance.As of January 22, 2007, Superior Court judges are required to employ the New Jersey Supreme Court’s “standards for jury selection.” The standards are taken from recommendations of the Court’s special committee on preemptory challenges and jury voir dire. The… Read More

Preparing and Using Demonstrative Evidence

PREPARING AND USING DEMONSTRATIVE EVIDENCE Essential Elements of EvidenceMarch 3, 2007 Presented by: Andrew J. Rossetti, Esquire “What the ear may hear, the eye can see.” Dehanes v. Rothman, 158 NL 90,96 (1999). I. INTRODUCTION Demonstrative exhibits and aids provide the means “[t]o clarify, to dramatize and to emphasize” critical evidence in a case. Mary Quinn Cooper, The Use of Demonstrative Exhibits At Trial, 34 TULSA L.J. 567 (1999) (quoting Celia W. Childress, Persuasive Delivery In the Courtroom 619 (1995)). While not always offered into evidence, such visual presentations usually include maps, models, charts, diagrams, graphs, photographs, films, videotapes, and… Read More

Analyzing a Medical Negligence Claim

ANALYZING A MEDICAL NEGLIGENCE CLAIM by Andrew J. Rossetti, EsquireBoard Certified Civil Trial AttorneyRossetti & DeVotoCherry Hill, NJ 08002 John Kirby, M.D.Board Certified InternistCooper Physicians1210 Brace Road Ste 102Cherry Hill, NJ 08002356-428-6616 Andrew J. Rossetti, EsquireBoard Certified Civil Trial AttorneyRossetti & DeVotoCherry Hill, NJ 08002 John Kirby, M.D.Board Certified InternistCooper Physicians1210 Brace Road Ste 102Cherry Hill, NJ 08002356-428-6616 March 22, 2002 INITIAL PHONE CALL     Damages, Damages, Damages         • Medical malpractice cases are very expense to pursue.   Therefore, the damages must be very large.        • The injury must be serious and cause permanent disability.        • Let the plaintiff tell… Read More

Health Maintenance Organizations

Health Maintenance Organizations Louis J. DeVoto I. BACKGROUND: HISTORY AND TYPES OF HMOs While the first pre-paid health plan can be traced back to a cooperative in Elk City, Oklahoma in 1927, HMOs have only recently become popular. With the passage of the Health Maintenance Organization Act of 1973, 42 U.S. C. sec. 300e-300e-17, industry growth has been dramatic. By 1985, there were 263 HMOs, with more than 18 million members. Since then, there has been significant consolidation within the industry, a trend which should continue for the next several years. Today, there are three basic HMO models presently in… Read More

When Can Employees Be Interviewed Ex Parte?

“When Can Employees Be Interviewed Ex Parte?” National Trial Lawyer – March 1993Louis J. DeVoto Can a representative of a plaintiff’s personal injury firm interview a manager or low level employee at a store where the plaintiff was injured? Does it matter if the interview is conducted before or after the suit is filed? Does a representative of the defendant or its carrier have a right to be present? This brief article will set forth why ex parte interviews with certain types of employees are permitted, even if the matter is in suit. Lawyers who sue corporations may conduct ex… Read More

The Wrongful Death Act

The Wrongful Death Act Andrew J. RossettiMarch 1999 I. WRONGFUL DEATH LAW 1. When action lies Death caused by the wrongful act of another where pecuniary losses are sustained. N.J.S.A. 2A:31-1 When the death of a person is caused by a wrongful act, neglect or default, such as would, if death had not ensued, have entitled the person injured to maintain an action for damages resulting from the injury, the person who would have been liable in damages for the injury if death had not ensued shall be liable in an action for damages, notwithstanding the death of the person… Read More

Injury On the Golf Course: Regardless of Your Handicap, Escaping Liability Is Par for the Course

The University of Toledo Law ReviewVolume 24; Summer 1993; Number 4 “Injury On the Golf Course: Regardless of Your Handicap, Escaping Liability Is Par for the Course” Louis J. DeVoto* I. INTRODUCTION “Golf is one of the more popular pastimes in this country.” The popularity of the sport has increased tremendously in recent years. As play on the golf course has increased, so have golf related injuries. Golfers know that “poor shots end in sand-traps, roughs and higher handicaps.” But most golfers and many lawyers do not realize that stray shots can also end in serious injuries and large lawsuits…. Read More

The Daubert Analysis

THE DAUBERT ANALYSIS Andrew J. Rossetti, Esquire12/15/99 I. THE FEDERAL STANDARD OF ADMISSIBILITY     A) FRE 702. TESTIMONY BY EXPERTS.     If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. “The sole justification and purpose of expert testimony is to assist the trier of fact to find a solid path through an unfamiliar and esoteric field.” Thompson v. Merrill Dow Pharmaceutical,… Read More

Medical Chart Falsification

MEDICAL CHART FALSIFICATION-HOW CAN YOU STOP THE FRAUD? By: Louis J. DeVoto, Esq. September 17, 1999 I. INTRODUCTION The National Head Injury Foundation estimates that approximately two million Americans will suffer a traumatic brain injury every year.1 Mild head injury accounts for 75% or more of those brain injuries.2 Data from many studies suggest that the most frequent exposure associated with brain injury is transport, i.e., automobiles, trucks, bicycles, motorcycles and watercraft.3 4 5 Unfortunately, persons surviving mild traumatic brain injuries are often victimized because little or no medical documentation of the head injury is entered at or near its… Read More

Lou and Andy Named to Best Lawyers 2017

Rossetti & DeVoto

Andy Rossetti and Lou DeVoto have again been named to New Jersey's Best Lawyers for 2017 for Personal Injury Litigation. This is the 14th year in a row that both Rossetti & DeVoto have been named in the elite rankings.

Did You Know…

Rossetti & DeVoto

Rossetti & DeVoto, PC was selected for inclusion in the 2017 Bar Register of Preeminent Lawyers by Martindale-Hubbell, ranking them among the most distinguished law firms in America. Fewer than 5% of all law firms are included in the Bar Register.

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