Upon our urging, and on the eve of our office filing an application to enjoin an auction of artifacts made by Japanese American incarcerees during World War II, the auction house withdrew this precious collection from a scheduled auction. Our client, Heart Mountain Wyoming Foundation, strenuously fought to protect these items from a fragmented sale by requesting that the auction be cancelled and the items sold to it or other Japanese American educational institutions, and when that request was denied, by making a generous offer to purchase the collection. That offer was too denied, but Heart Mountain Wyoming Foundation ultimately prevailed in their efforts. As a result, this collection, given to Allen H. Eaton for posterity purposes, may now be sold intact and used to further educate and remind our nation of this dark, but hopeful time in Japanese American history.
Lite DePalma Greenberg Afanador thwarted a defendant’s appeal in the commercial litigation case of a sheet metal worker who developed terminal cancer from toxic exposures during the original construction of the World Trade Center. After the trial court denied defendant Andal Corp.’s motion for summary judgment challenging the plaintiff’s exposure testimony as well as its own liability under a corporate successorship theory, Andal appealed. After hearing briefing and argument from Kyle A. Shamberg, the New York Appellate Division affirmed the lower court’s ruling in all respects. Proctor v. Alcoa, Inc. et al., No. 190040/13 (N.Y. App. Div. February 5, 2015).
Walker v. Giuffre, ___ N.J. ___ (Jan. 25, 2012) (rejecting importation of restrictive federal fee-shifting standards into New Jersey law)
NCP Litigation Trust v. KPMG LLP, 187 N.J. 353 (2006) (litigation trust, representing corporation’s shareholders, can sue auditor for negligently failing to discover intentional misrepresentations of corporate officers)
Obtaining summary judgment in a protracted commercial lease dispute, including sanctions and injunctive relief against the opposing party.
Obtaining a substantial settlement in securities arbitration for a client whose securities broker improperly handled her account.
Participating on a team that won a substantial settlement of a fraudulent transfer case on behalf of a large Japanese insurance company.
Persuaded the United States District Court for the District of New Jersey to issue an Ex Parte Order to Show Cause on an emergency basis for the benefit of an Lite DePalma Greenberg Afanador corporate client whose faithless employee was misappropriating corporate funds. With the assistance of the United States Marshals Service, Lite DePalma Greenberg Afanador quickly seized electronic and hard copy evidence from the defendant’s office in another state. Lite DePalma Greenberg Afanador's commercial litigation efforts led to an immediate and complete victory for the firm’s client, as the defendant agreed to leave the company and transfer his equity interest back to Lite DePalma Greenberg Afanador's client.
Won summary judgment on behalf of the City of Newark in a Civil Rights Act commercial litigation case that arose out of a shooting by an off-duty Newark police officer. The United States District Court for the District of New Jersey dismissed all claims against the City of Newark.