Verdicts & Settlements
$1,550,000 Verdict- Securities Fraud
Raymond obtained this verdict after a five (5) week trial before three arbitrators on the NASDAQ Exchange in New York City. This case was filed against two of the largest investment firms in the country, The Equitable and AXA Advisors, as well as numerous other defendants, for their improper investment strategies and state and federal securities law violations.
$889,000 Jury Verdict-Construction Accident
This verdict was obtained after a one week trial in Middlesex County. Our client was installing HVAC units and sustained injuries when he fell through a set of stairs that were not attached properly in a new construction home. He broke his tibia and shattered his knee cap, which required a total knee reconstruction and which will require ultimately a total knee replacement.
$750,000 Jury Verdict-Automobile Accident
This verdict was obtained after a several day trial in Middlesex County. Our client suffered cervical and lumbar herniated discs, which were inoperable, as a result of the client having aortic stenosis. This is a defect in the main heart valve, which prevented him from undergoing surgery to address his injuries. His wife received $200,000 for her loss of services claim.
$627,000 Judgment-Libel and Slander
A judgment was obtained from the Court in the amount of $627,000 against the soon to be ex-wife of a prominent doctor who was the head physician at an emergency room/trauma unit in a local medical center. The doctor’s wife, in an attempt to damage his reputation, as a result of an impending divorce, accused him of sexually abusing their daughter. The Court found the allegations were untrue and that the soon to be ex-wife intentionally made those misrepresentations to his colleagues, partners, friends, and superiors with the knowledge that those allegations were untrue and that the wife knowingly and intentionally made them to damage his reputation.
$569,000 Judgment in Probate Matter
In this case, there were three brothers who were beneficiaries of their mother’s estate. The oldest brother, who was a half brother to the two younger boys, was named executor of the estate. The estate included a liquor store, a house, gold bullion that was located in Germany and various other stocks and bonds. Raymond tried this case for a week in the Chancery Division, Probate Part of the Superior Court of New Jersey. Raymond proved to the Court that the executor, older brother did not carry out his fiduciary duties to his two younger brother beneficiaries and used a majority of the Estate for his own purposes. The Court entered an award of over $400,000.00 in compensatory damages and over $150,000.00 for attorney’s fees and costs for breach of that fiduciary duty as executor to his younger brothers. The defendant appealed to the Appellate Division and lost on every argument and he then appealed to the New Jersey Supreme Court, which refused to accept his case, therefore upholding the courts verdict.
$500,000 Settlement-Car Accident
This settlement was obtained on behalf of a husband and wife who were both injured in the same accident. The husband suffered injuries to his lower back/lumbar spine and had to undergo a lumbar fusion surgery. His wife suffered injuries to her neck/cervical spine which required cervical discectomy surgery. She also suffered injuries to both wrists which required bilateral carpal tunnel surgeries. The case was settled after arbitration, but just prior to trial.
$500,000 Settlement-Automobile Accident
In this case, a woman was t-boned at an intersection by a drunk driver. The driver fled the scene of the accident and the police followed the trail of radiator fluid from Somerville to Piscataway and located the car and the drunk driver. The woman had surgery on her ulnar nerve in her right arm and on her low back as a result of a disc injury. This involved claims against the driver, who had a limited policy of $15,000.00 but Raymond was able to get an additional $485,000.00 for the woman from her underinsured motorist portion of her automobile policy.
$240,000 Settlement-Automobile Accident
In this case, a father and son were injured in an automobile accident. The son had a small scar over his lip which did not require surgery or plastic surgery and Raymond settled that claim for $50,000.00 for the son. The father had several prior herniated discs, which he had before this accident, but which were aggravated as a result of the accident and which required surgery. Raymond settled that claim for the father for $190,000.00. This was despite the fact that surgery was previously recommended by his orthopedic surgeon, prior to the accident occurring.
$195,000 Settlement-Car Accident
Our client suffered injuries to her lower back/lumbar spine which required lumbar fusion surgery. Our client was a nurse who had difficulty performing her daily job requirements as a result of the injuries. The insurance company initially offered $50,000, which we rejected. Just prior to Raymond starting the trial, the insurance company able to obtain a settlement award of $195,000.00 for his client’s injuries. My client is a nurse who, as a result of the injuries was having difficulty performing her daily functions at work. The insurance company initially offered $50,000.00, which my client and I rejected. Just prior to trial, the insurance company agreed to pay our client $195,000 to compensate her for the injuries that she suffered.
$100,500 Jury Verdict-Automobile Accident
In this case, our client sustained two buldging discs and bone spurs in her cervical spine. This was a verbal threshold case whereby the insurance company offered no money to settle the matter because they took the position that our client did not suffer any permanent injuries. The case trial lasted 4 days in the Hunterdon County Superior Court. The jury not only agreed that our client suffered permanent injuries, but entered a substantial verdict for these injuries.
Will Contest Matter-Verdict
A successful verdict was obtained after contesting an estate matter in the Superior Court of New Jersey, Probate/Chancery Division. One of four sisters applied to the Court for letters of administration and claimed that she was entitled to the entire estate of their mother. Raymond contested that application on behalf of the three other sisters. The Court agreed with his position that the three sisters were each entitled to 25% of the estate. The Court entered a verdict consistent with our clients’ position and entered a verdict after a four day trial, which lasted over several weeks.
Defense of a First Degree Human Trafficing Case in the Criminal Division
In this case, a woman was charged with human trafficking as a result of her prostituting 16 year old girls. The charge of 1st degree human trafficking carried a 25 year to life sentence, if convicted. Raymond worked on this case for over 1 year and was able to negotiate a plea with the prosecutor’s office where the defendant only had to serve 7 years, rather than 25 years to life. Raymond’s main defense was the battered woman syndrome. The defendant in this had a co defendant who was her boyfriend who had basically set up all of the electronics for purposes of this business in Raymond’s client’s name, so all of the evidence was directly against her. Raymond obtained medical records from hospitals in New York where she had been beaten by the boyfriend but lied to the hospital staff about how she incurred various injuries, stating that she was assaulted by unknown persons. Raymond was able to show the prosecutors that his client was a victim in this matter also, which lead to the substantially reduced plea bargain. The defendant was only 21 years old and she was also being pimped out by the boyfriend. The other defendant received a much more severe sentence.
Drug Dwi Conviction and Sucessful Appeal Vacating the Conviction
This case involved charges of driving while intoxicated but as a result of the defendant allegedly being under the influence of drugs. Raymond obtained one of the top experts in the field in New Jersey regarding drug recognition analysis by police officers. His expert used to run this division for the New Jersey State Police. The municipal court Judge found the defendant guilty despite overwhelming evidence that the case was not proven beyond a reasonable doubt. On appeal, the Appellate Judge agreed with Raymond’s position and rather than send the case back to the trial court with instructions for a new trial, the Appellate Judge simply vacated the guilty verdict and found the defendant not guilty on all charges.
Second Degree Aggravated Sexual Assault-Criminal Division
In this case, a school teacher in a public grade school was also a swim coach at a catholic high school. She had an affair with one of her female swim students, which was discovered by the girl’s parents. This was a 2nd degree aggravated sexual assault charge as well as 10 other charges because the student was 17 years old and the swim coach was in a position of authority over the student. The charges could have resulted in a minimum of 10 years incarceration. Raymond was able to work out a plea with the prosecutor’s office where the teacher only had to serve 1 year in County Jail, rather than State Prison. Additionally, at sentencing the Judge prohibited the teacher from ever having any public employment, meaning for the rest of her life, over Raymond’s strong objection at sentencing. Raymond filed an appeal to the Appellate Division arguing that because the offense did not touch on her employment as a public-school teacher, but rather occurred in her position as a swim coach at a private catholic high school, that the Court could not prohibit her from every having public employment again, which was very important to her future.
A panel of three Appellate Judges agreed with Raymond and vacated that part of the sentence that prohibited any possibility of future public employment. The prosecutor’s office appealed that decision to the New Jersey Supreme Court and the New Jersey Supreme Court refused the hear the prosecutor’s appeal, which resulted in them upholding the Appellate Divisions decision where they agreed with Raymond’s argument and the woman is not prohibited from any future public employment.
$90,000 Settlement-Automobile Accident
In this case, the plaintiff was injured in an automobile accident and had chiropractic treatment and two lumbar epidurals steroid injections. This was a verbal threshold case also, which limits recovery unless a serious and permanent type injury can be shown by objective credible medical evidence. Raymond was able to settle this matter for $90,000.00 for the plaintiff.
United States of America vs. Lieberman-Federal District Court of New Jersey-Criminal Action-Securities Violations and Embezzlement
This is a case where a securities broker, who was clearing trades and deals for a brokerage firm, had embezzled 1.5 million dollars from the brokerage firm by using a dormant account that was previously used for an election campaign in North Jersey. The first thing that occurred was the securities and exchange commission and FINRA, the self-regulating arm of the stock exchange, came after the defendant demanding information and documentation relating to the missing 1.5 million dollars. Raymond was contacted by the defendant and it was decided that because of such clear and convincing evidence against him, that he should voluntarily surrender his brokers license to the SEC. This was done without giving the SEC and/or FINRA any information or documentation regarding the alleged theft of monies. Once that was done, the FBI entered the picture. When Raymond was contacted by the FBI, the defendant was overseas in London which made the FBI agents and the United States Attorney’s Office very concerned that the defendant would flee jurisdiction and not come back to the United States to address these charges. Raymond worked out deals with the FBI agents and the United States Attorney’s Office to allow the defendant to return to Charlotte, North Carolina, where he now resided, rather than coming to New Jersey, where the offenses occurred, to be arrested and processed and so he could be near his wife and children. The FBI stated that they were going to be waiting for him in Charlotte when he returned. However, the FBI agents were not there when he returned and when Raymond contacted the FBI, they told him that they were comfortable enough with dealing with Raymond that they did not want to make a scene as they were assured that the defendant would turn himself in the following day at their headquarters in Charlotte, North Carolina. The key here was full and complete cooperation with the FBI and the United States Attorney’s Office. The defendant was looking at a minimum of 20 years in prison for these offenses. Raymond was able to work out a deal which included partial restitution, where the defendant spent less than 2 years in jail and got to keep his house in Charlotte even though only a portion of the monies were returned because they had been lost as a result of a severe gambling problem that the defendant had.
Probate Case Dismissed and Client Awarded Over $13,000 in Attorney’s Fees for Frivolous Lawsuit-Upheld by the Appellate Division
In the Matter of the Estate of Garay, N.J. Super. App. Div. Plaintiffs appealed the dismissal of their complaint in their action asserting fraud and unjust enrichment in their sister’s purchase of property owned by mother and estate of deceased father. Father died testate in 1979 and mother resided in the house until she and co-executors of father’s estate sold it to defendants, sister and her husband, in 2013. As part of the sale, mother gave defendant a $90,000 gift equity toward the purchase price. The trial judge dismissed the fraud claims for lack of specificity and for failure to establish the elements of fraud since plaintiffs failed to provide evidence of what material misrepresentations were allegedly made. The unjust enrichment claim failed because the dispute was between the plaintiffs and the co-executors and mother, not between plaintiffs and defendants. The court agreed with the trial court that there was no evidence in the record that defendants made material misrepresentations regarding the gift equity. Furthermore, even if plaintiffs had properly pled fraud, summary judgment was still proper because defendants had no duty to disclose to plaintiffs since plaintiffs were not parties to the sale. There was no unjust enrichment and plaintiffs’ acknowledged that the sale price was a fair value for the property. The court also agreed with the trial court that frivolous lawsuit sanctions were warranted. [Filed March 20, 2018]
Defense and Successful Appeal of Attorney Ethics Complaint and Violation
In this matter, two complaints were filed against an attorney in Union County for violation of various ethics code provisions. There was a trial held before a three person tribunal and Raymond had determined that when the alleged ethics violations took place, the ethics code had what were called ethical considerations (“ec’s”) but had since been changed to what are now called disciplinary rules (“dr’s”) and the requirements and standards for the alleged violations were completely different when the alleged violations took place. Despite having overwhelming evidence that the attorney could not have violated the ethics rules based on the allegations and the existence of the ec’s , rather than the dr’s, which could not support a finding of guilty on the ethics complaints, the three member panel convicted anyway. Raymond appealed that ruling to the disciplinary review board which is a nine member panel that sits in the Supreme Court in Trenton, New Jersey. After submission of all the appeal papers and the hearing before the disciplinary review board, the board returned a unanimous verdict of 9-0 overturning the attorney’s conviction. They agreed with Raymond’s position that because the ec’s were in effect at the time of the alleged violations, there could have been no violation of the ethics code provisions as alleged.
Medical Malpractice Verdict of $160,000.00-Morris County
In this matter, Raymond’s client went to a doctor in Denville, New Jersey for substantial pains in his lower abdomen and low back. The doctor, without even doing a cat scan, performed surgery on the client which was called a sigmoid colon resection. This is where they had to take out a portion of the client’s colon and reattach the colon. The doctor had opined that the client had diverticulitis and that by taking out this portion of the colon it would cure the client. After the surgery, the colon ruptured because the doctor did not reattach the colon properly and the client went into septic shock and had to have an immediate colostomy bag inserted through his stomach. A few months later the colostomy bag was removed and the colostomy was reversed. It was then determined that the client actually had kidney stones and there was no need for doing the sigmoid colon resection. After a 4 day trial, the jury returned a verdict in favor of Raymond and his client and awarded $160,000.00 in damages.
Review of a Baseball Contract for a Client That was Drafted by the New York Yankees
One of Raymond’s clients was drafted by the New York Yankees, as a pitcher directly out of high school and received a $500,000.00 signing bonus as well as an insurance policy worth $250,000.00 in the event that the client was injured while playing baseball before making it to the major leagues, which would have had permitted him to pay for a 4 year education. Raymond’s client was a successful left handed pitcher who went on the win a championship for the minor league Staten Island Yankees.
Law Office of Raymond A. Grimes, PC, attorneys for respondents Nancy Garay and Mark Segal.