|Posted by louisjmaione3 on March 2, 2022 at 2:15 PM||comments (573)|
On March 1, 2022, Mr. Maione favorably settled a matter on behalf of Plaintiff for the usurpation and misappropriation of a patent and trademark by co-inventor/defendant for an amount which by agreement cannot be disclosed but with which Plaintiff was very pleased. Plaintiff had been frozen out of company which owned a patented medical device.
|Posted by louisjmaione3 on October 16, 2021 at 9:15 AM||comments (32)|
On September 22, 2021, Mr. Maione prevailed on a Motion to Dismiss a $260,000+ claim against his client based on an alleged guarantee by his client of the debts of several corporations, owned or operated by him, to the complaining Plaintiff. The Supreme Court of New York, by Judge Arthur Engoron, applying the law of New York under its Statute of Frauds, agreed with the individual defendant's argument concerning the questionable validity of the putative oral promise as it applied to honoring the debts of another and dismissed the indiviual defendant. Thereafter, Mr. Maione was successful in convincing plaintiff's counsel of the futility of pursuing the other claims against the corporations for quantuum meruit and unjust enrichment, and the plaintiff withdrew all claims with prejudice.
|Posted by louisjmaione3 on September 6, 2020 at 9:20 AM||comments (4120)|
On September 4, 2020, Mr. Maione prevailed on a motion for summary judgment in connection with a casualty case in which his client's SPA was severely damaged by the actions of a business neighbor negligently responsible for a fire in the adjacent premises. Based on the ordinarily difficult to prevail theory of res ipsa loquitor, Mr. Maione placed the defendant's insurance carrier in the unenviable position where it could not oppose the facts or the law and, as a result, the New York Supreme Court, New York County, decided in Plaintiff's favor setting the matter down for a trial on the damages only, also known as an Inquest, to determine the amount due the Plaintiff whose damages are in the mid-seven figures. The matter ultimately was settled without resort to a trial when Defndant's insurance carrier agreed to Plaintiff's six figure settlement demand.
|Posted by louisjmaione3 on November 10, 2019 at 11:55 AM||comments (23)|
Successfully negotiated a favorable severance package for a high end employee of a well-known, New York-based international cosmetic company terminated after 27 years with a less than acceptable agreement.The ultimate settlement, worth six figures, alleviated the necessity of filing a complaint in federal court for discrimination based on both age and gender.
|Posted by louisjmaione3 on October 26, 2019 at 4:50 PM||comments (262)|
Successful in obtaining a dismissal of the Complaint, inter alia, based on a failure to establish personal jurisdiction, and the vacatur of a default previously entered against a Turkish defendant in a seven figure products liability matter concerning the importation of spices. Schiff Food Products v. Turer Bitkisel, 18-Civ-9017 (D.N.J. 2018)(SDW)
|Posted by louisjmaione3 on July 18, 2019 at 11:50 AM||comments (200)|
Successfully represented a subject matter individual in an ongoing investigation initiated by the combined efforts of the Food and Drug Administration and Federal Trade Commission.
|Posted by louisjmaione3 on April 5, 2019 at 1:15 PM||comments (25)|
On April 3, 2019, Mr. Maione obtained a favorable Decision by Summary Judgment against one of the Member/owners of a golf course located in the Adirondack Region of upstate New York finally disposing of an arduous Mortgage Foreclosure action initiated in 2013, which wound it's way through a number of Courts; this included the Bankruptcy Court in the Northern District of New York where the defendant, a member of the LLC which owned the golf course, attempted to stall the proceedings by filling for bankruptcy protection. Mr. Maione was successful not only in causing the LLC to be converted from a Chapter 11 to a Chapter 7, and liquidated by the Bankruptcy Court, but in purchasing the golf course, worth Millions, for $60,000.00 from the Trustee in Bankruptcy. This action also resulted in recovering a judgment against the defendant/memeber on a Guaranty which secured the Mortgage, having previuosly entered into a six figure settlement with another guarantor. The overall recovery after a hearing to be conducted by a Court-appointed Refereee in May of this year should be in the area of $1.8 Million.
|Posted by louisjmaione3 on July 19, 2018 at 12:20 AM||comments (41)|
On July 9, 2018, shortly prior to jury selection, Mr. Maione settled a dispute for oppressive behavior by members of an LLC for eight figures, with the client very pleased with the outcome of the litigation.
|Posted by louisjmaione3 on June 7, 2018 at 11:10 AM||comments (64)|
On June 6, 2018, Mr. Maione favorably settled a New York Contract cause of action for six figures against a large, Charitable Not-for-Profit organization which had ceased making annuity payments to a Florida Annuitant who was contractually entitled to those payments as a result of inheritance. The matter, initiated only this past January, was resolved in short order due to aggressive and innovative legal action. The client, a senior citizen, is very satisfied with the outcome.
|Posted by louisjmaione3 on January 24, 2018 at 2:25 PM||comments (87)|
Resolved for $370,000.00 a fraud and breach of contract matter for a client who invested $300,000.00 as an investor in a Condominium which was never built.