830 Broad Street
Shrewsbury, NJ 07702

(732) 212-1200

When Trouble Is Ahead, We're Right Behind You.

Areas of Practice

Let’s preface this part of the site by admitting that lawyers in general are typically really bad at those things which they’re not really good. We know this because on far too many occasions we end up representing the lawyer who strayed too far from his niche. We have gotten lucky and have learned from their mistakes. So if you’re in the market for an Anti-Trust lawyer (is that redundant?) or need some candid advice on Intellectual Property, or if your Ponzi scheme exceeded even your wildest expectations, we are not your firm. Nope, not us. We are fairly certain that work is out of our bailiwick-even though we are not quite so certain of what a bailiwick actually is. You’re welcome to stay of course, and we hope you enjoy what you’re reading, but we’re about as clueless as a blind man in a dark room when it comes to anything that doesn’t touch upon trial work, albeit lately we have acquired some well needed expertise in matters involving a general practice in order to better serve our clients and our community. So if you are in need of services involving Wills, Trusts, Estate Planning, Probate and Real Estate, give us a call.

As for the litigated case, we take pride and excel in the handling and positioning of cases entrusted to us. We understand and are committed to shortening the litigation cycle whenever we can, so we will drive the appropriate cases to mediation or other available forums. Whether a case is a multi-party conflict involving esoteric issues of law, or science, or medicine, or garden variety negligence, there’s pretty much nothing we haven’t seen or handled.

Here’s a snapshot of the types of cases that routinely find their way through our doors.

General Negligence and Bodily Injury

Whether it be slip and fall or the more complex negligent security or Dram Shop exposure, we pride ourselves in trying more cases to successful resolution than any firm in the region. We understand the competing concern of identifying and resolving the clear case early on, but we also bring to the table a solid reputation as trial attorneys which enhances our ability to leverage favorable terms of settlement.

We are members of New Jersey Defense Association, Defense Research Institute, National Retail Restaurant Defense Association.

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Commercial Premises Liability

Owners of commercial premises and those that lease those premises are often sued for personal injury. These cases often involve slips and falls due to snow or ice or due to some other alleged defect in the property. We have seen all of the imaginable defects including defective ramps, open trap doors in the floor, lips on sidewalks and even tree roots growing across paths (apparently we need to cut down all of the trees to make the world a safer place).

It’s amazing the terrible injuries one can sustain from falling down from a standing position. You would think some of these people were hurled out of a fourth story window based upon their alleged injuries, but we digress. These cases often involve the interpretation of commercial leases with indemnity and additional insured issues. Deciphering who is potentially liable based upon lease language is a big part of these cases.

Terry Bolan has frequently given lectures in this area. We have tried countless cases involving commercial premises liability. Identifying which cases are appropriate to defend and those which should be settled, if possible, will save on defense costs and ultimately on indemnity as well.

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Products Liability

This is an area of law which is most intriguing because every case you learn something new about how things work. You occasionally learn about how things don’t work too. We have successfully handled products liability cases ranging from farm equipment to industrial machinery and we are well versed in the nuances of the workplace and the chain of distribution.

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Professional Liability

The founders of the firm cut their trial teeth in medical malpractice and professional liability and it remains at the core of what we do. The New Jersey Affidavit of Merit Statute, N.J.S.A. 2A:53A-27, was designed to reduce the number of frivolous lawsuits targeted at the professionals who serve our state. Fortunately, for its designers, they are cloaked with legislative immunity because the statute has done little to stem the flow of litigation.

Our professional liability practice is not limited to just the medical facility, or professional, but the professionals who serve them as well. Attorneys, architects and engineers, insurance professionals, and other licensed professionals have been served by this office since our inception.

We have managed to grow this firm by working with the surplus lines markets (we are members of NAPSLO, PLUS and NJSLA). This experience proves invaluable in defending errors and omissions claims against agents and brokers. Of course, most of these claims involve honest mistakes like “who knew I was supposed to offer EPLI coverage to the owners of Club Exotica…aren’t those dancers independent contractors?”

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Insurance Coverage

This is the one area of our practice we never anticipated we’d do when we were in law school. It has, however, become one of our common areas of practice as it is at the core of many of the disputes we encounter.

We are well versed in disputes involving:

  • PIP
  • Standard Lines
  • CGL
  • Commercial Property
  • Stand Alone
  • Wrap Around
  • Brown Water
  • Blue Water
  • Cold Water
  • Inland Marine
  • Disability
  • Temporary Disability
  • Partial Permanent and Total Disability
  • Been There Done That

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Agent/Broker E&O

The founders of the firm cut their trial teeth in medical malpractice and professional liability and it remains at the core of what we do. The New Jersey Affidavit of Merit Statute, N.J.S.A. 2A:53A-27, was designed to reduce the number of frivolous lawsuits targeted at the professionals who serve our state. Fortunately, for its designers, they are cloaked with legislative immunity because the statute has done little to stem the flow of litigation.

Our professional liability practice is not limited to just the medical facility, or professional, but the professionals who serve them as well. Attorneys, architects and engineers, insurance professionals, and other licensed professionals have been served by this office since our inception.

We have managed to grow this firm by working with the surplus lines markets (we are members of NAPSLO, PLUS and NJSLA). This experience proves invaluable in defending errors and omissions claims against agents and brokers. Of course, most of these claims involve honest mistakes like “who knew I was supposed to offer EPLI coverage to the owners of Club Exotica…aren’t those dancers independent contractors?”

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    Trucking Litigation

    “Ask not for whom the Turnpike is tolled, it’s tolled for thee!” Be it the Turnpike, I-80, I-78, I-295, I-95, I-287 or I-195, there are all manner of roads which criss-cross our Garden State. Indeed, for a 30 mile stretch, U.S. Route 1 and U.S. Route 9 are combined into Routes 1&9. Based upon the frequency of accidents along that stretch, we suspect that Northbound 1 is merged with Southbound 9 and vice versa. Given the typically courteous New Jersey driver never gives a trucker a break, we have a devoted practice specialty in defending truckers and other commercial vehicle operators.

    Our expertise includes motor vehicle accidents, loading and unloading claims, and coverage issues associated with freight claims. Freight, Cargo, Bobtail, FOP and Deadheading (see L. Patrick Dacey bio) and Spear Fishing (we threw that last one in there just to see if you’re still reading).

    We are members of TIDA, TLA, New Jersey Motor Truck Association and the DRI Trucking Committee.

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      Architects and Engineers

      The founders of the firm cut their trial teeth in medical malpractice and professional liability and it remains at the core of what we do. The New Jersey Affidavit of Merit Statute, N.J.S.A. 2A:53A-27, was designed to reduce the number of frivolous lawsuits targeted at the professionals who serve our state. Fortunately, for its designers, they are cloaked with legislative immunity because the statute has done little to stem the flow of litigation.

      Our professional liability practice is not limited to just the medical facility, or professional, but the professionals who serve them as well. Attorneys, architects and engineers, insurance professionals, and other licensed professionals have been served by this office since our inception.

      We have managed to grow this firm by working with the surplus lines markets (we are members of NAPSLO, PLUS and NJSLA). This experience proves invaluable in defending errors and omissions claims against agents and brokers. Of course, most of these claims involve honest mistakes like “who knew I was supposed to offer EPLI coverage to the owners of Club Exotica…aren’t those dancers independent contractors?”

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        Workers’ Compensation

        We defend and prosecute claims arising from work accidents (e.g., loss of an eye from a nail gun) and occupational exposures of all kinds (e.g., loss of lung from nail gun powder). This practice area is headed up by Tom Walters despite his unfamiliarity with the concept of work. (That last sentence is untrue, but given he was at band practice when we made final edits, we couldn’t resist). In this area, we proudly represent both insured and self insured entities.

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          Public Entity – Title 59, 1983 and Civil Rights Violations

          Shockingly New Jersey politicians and the people they hire to serve the tax payers are occasionally accused of wrongdoing. Many of these wrongdoings are doubtlessly intentional and not covered. Occasionally, however, these acts are deemed negligent and we are asked to defend. In other words, sometimes the handcuffed individual actually does fall down the stairs or the elected official declines the bribe.

          As a native of Bayonne, Tom Walters is very familiar with political corruption (redundancy I know) and as an elected official himself, Commissioner Terry Bolan can empathize with the unjustly accused.

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            Negligent Security

            A guy walks into a bar… and he walks out with a few less teeth and a bad headache. That’s not a joke. It’s a fact pattern that we see quite often. How to make this the fault of the bar instead of the remover of the teeth is a conundrum facing plaintiff’s lawyers in negligent security cases.

            Other scenarios we see in negligent security cases include assaults, robberies or other general mayhem in or around malls, stores or other places open to the public. Funny how it seems that mall, mall security or store employees almost never have anything to do with the actual assault yet it somehow is always their fault. It’s not, of course, but you get the idea.

            In many instances, plaintiff’s attorneys will not even sue the actual assailant because the assailant is either unknown or he is judgment proof. This has to be properly handled procedurally to best protect the client. Furthermore, the cross examination of experts in cases like this is critical.

            We have seen them all and we have successfully defended, tried and/or resolved more of these types of cases than most firms in the region.

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              Construction Defect

              Gone are the days when being a developer meant something and litigation could be avoided with a greased palm or a dirt nap. Claims against developers and contractors are en vogue with New Jersey’s HOAs and COAs. The challenges of the present economy make these cases attractive and potentially profitable, especially for the lawyers.

              If you’re in construction, chances are you’ll eventually be in court. Our approach to the defense of these complex matters is both innovative and mildly entertaining, just ask one of our adversaries.

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              Employment Practices

              We hold ourselves out as experts in sexual harassment, as well as discrimination and wrongful termination. Whether it be a federal claim against the employer or a state based claim under the New Jersey Law Against Discrimination or even a matter that is not yet in suit, we are equipped with the knowledge and the experience in employer misconduct to successfully investigate and defend the claim.

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              Pharmacy

              From the occasional slip and fall to the much less frequent slip of a pill, we are proud to represent a national pharmaceutical chain in defending both premises liability and pharmacy claims. While it is a pleasure to represent a client that is well managed and staffed with experienced professionals, we still check the pills in the bottle when picking up a new prescription.

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              Reinsurance Arbitration

              If there is one area that you can guarantee you never envisioned doing when in law school, it is reinsurance. We had had the pleasure of both litigating to conclusion as well as addressing and resolving on behalf of our clients any number of reinsurance issues. So obviously, whenever you are confronted with a situation where your Schedule F is improperly viewed as a negative liability on your Yellow Peril (and we all know how that turns out) feel free to reach out to our offices as an assist.

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              Estates, Wills and Trusts

              They say that only 2 things in life are certain: death and taxes. In NJ, your estate (and in turn your heirs) can be taxed because of your death. At BJD, we have the experience to help guide you in your estate planning to help minimize taxes that may be owed upon your demise. Wills, trusts and gifting strategies are just a few of the tools we use to help create and maximize the legacy you leave. We customize financial POAs and Healthcare POAs to help ensure that your wishes and instructions are followed in the event you can no longer make life’s important decisions or manage your financial affairs. If you or a loved one has special needs, receives ssi, is on Medicaid or receives other government benefits, we can structure a trust so you or a loved one can receive an inheritance or lawsuit proceeds without losing those crucial benefits.

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              Guardianship

              If your loved one didn’t follow our advice about POAs or if trouble arises even with a POA in place, then a guardianship may be necessary. Did you know that you do not have an automatic weight to handle the financial and health decisions for your special needs child who is now an adult? BJD has the resources and experience to help put a guardianship in place. If your child is claiming your designated agent under your POA doesn’t have the mental capacity to handle your financial affairs, the attorneys at BJD can help you or your designated Agent challenge the guardianship application.

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              Eminent Domain/Condemnation

              Sidewalks, schools, dunes, and roadways oh my! Boards of education, municipalities, the State of NJ and certain of its agencies can take your property for these improvements and expansions. But, they must pay you fair and just compensation for the property that they take. The attorneys at BJD have more than 15 years experience representing both the condemner and the private property owner. So if you need someone’s property for a project or you’ve received notice that someone is taking your property for a project, contact us.

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              Real Estate

              Are you moving on up or downsizing your house so your nest doesn’t feel so empty? Did Great Aunt Edna pass away owning a house that no one in the family wants or can afford? At BJD, we have the resources to get you from the initial contract to closing.

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              Estate Administration and Probate

              If you’ve been nominated the Executor of Estate, the best advice we can give you is renounce the appointment and do it immediately. If, however, you want to honor your late mother’s, father’s or spouse’s wishes or you are a beneficiary (or think you should be a beneficiary) and want to make sure the Executor hasn’t used the estate as his personal ATM, we have the experience to guide you through what can be an emotional process. The second best advice we can give you is keep meticulous records and account for every dollar. We are adept at providing all legal services regarding the probate and administration of an estate, from the initial appoint and receipt of the executor cert from the surrogate to locating and valuing the decedent’s assets, paying all necessary taxes, distributions to the beneficiaries and closing out the estate. Let us ease the burden of the administration so that you can grieve your loved one.

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              Business/Commercial Disputes

              Whether someone breached the terms of a contract or the partnership that you formed with your best friend in high school is ending like your relationship with your high school sweetheart did when you found him kissing someone else at the prom, the attorneys at BJD are astute in protecting your interests. When it comes to vigorously pursuing and defending claims, we’re just as comfortable in the chancery division as we are in the law division. We don’t litigate for the sake of litigating—every action we take is with an eye towards a successful resolution, whether it is posturing the case for the best settlement or obtaining a favorable trial verdict.

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              Mediation

              When is it that we don’t try a case?   When we are serving as a mediator of course.  During his spare time Dan was certified as a mediator by the Program on Negotiation at Harvard Law School.  He has served on the Superior Court of New Jersey Monmouth County Blue Ribbon Settlement panel and is an arbitrator through the New Jersey Civil Court mandatory case arbitration system.  With his trial experience and mediation/ arbitration services with the court, Dan has the uncanny ability to fairly value a case and work the parties towards that value no matter how obstinate the parties (or their counsel) may seem.

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              Admiralty/Maritime

              Having an office by the Jersey Shore, we enjoy all that the beach and the ocean has to offer.  Sometimes, though, the waters are treacherous and injuries or accidents occur while on the sea, bay, river or ocean, doing a crew member drill at port, or while the boat or vessel is docked.  Whether your claim involves  international corporations, regional water transportation companies, local commercial fishing boats, or recreational boats, we have the experience and knowledge to help you navigate the undulating seas of the Jones Act, seaworthiness, general maritime law, and maintenance and cure including lost past and future wages, and medical care and expenses.  If injured, the employee must make a written notice of claim to the employer within 30 days of the injury or risk having his or her claim barred. 

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              Main Office:

              Shrewsbury, NJ

              Satellite Office:

              Brick, NJ

              (732) 212-1200

              Get In Touch Today