Expert's Late-Developing Conflict Warranted Deadline Extension in Title Companies' Dispute, Court Says
A title insurance company involved in litigation with a competitor should have been granted a little more time to obtain an affidavit of merit after it learned well into the litigation that its expert had a conflict of interest, a New Jersey appeals court has ruled.
November 30, 2018 at 04:02 PM
3 minute read
A title insurance company involved in litigation with a competitor should have been granted a little more time to obtain an affidavit of merit after it learned well into the litigation that its expert had a conflict of interest, a New Jersey appeals court has ruled.
A two-judge Appellate Division panel said the interests of justice would have been better served had a Morris County trial judge granted a brief extension of time, even though the deadline for the end of discovery had expired.
“Under the totality of [the] circumstances, and in the interest of justice, we conclude the should adjournment was warranted,” said Appellate Division Judges Douglas Fasciale and Greta Gooden Brown in a per curiam decision Nov. 29.
The case involves litigation filed by Stewart Title Guaranty Co. against All-Pro Title Group in a dispute over a mortgage application. Stewart alleges that All-Pro failed to abide by generally accepted standards when it neglected to disclose an outstanding mortgage.
According to the decision, Stewart Title had retained an expert: John Cannito, an attorney with Property Title Group, LLC.
At some point, All-Pro filed a third-party complaint against another company, Action Title Research, alleging that it, too, failed to live up to generally accepted standards.
After the discovery period ended, the trial judge made it clear that there would be no further extensions of time, according to the decision.
At that point, however, Stewart Title realized it could not use Cannito as its expert, nor rely on his affidavit of merit, because of a professional conflict of interest in connection with Action Title, which had been brought in to the case late as a third party.
Stewart Title said it could retain another expert and provide another affidavit within a week, but the trial judge, without hearing oral arguments, denied the application, the panel said.
Electronic court records identify the judge below as Superior Court Judge Louis Sceusi.
Stewart Title appealed, arguing that the judge abused his discretion in denying the application, that it had established good cause, that it was asking for only a short extension, that there would be no prejudice to All-Pro, and that there is a judicially recognized preference for adjudicating cases on the merits.
In an unpublished decision, Fasciale and Gooden Brown agreed with Stewart Title and reversed the trial judge's denial of the application for an extension, limited to the purpose of getting a new expert and affidavit.
Stewart Title satisfied the good-cause standard for being granted an extension, the panel said.
“A judge's discretion on reconsideration should 'exercised in the interest of justice,'” the appeals court judges said. “We conclude that the judge's refusal to hear arguments on reconsideration, and consider the matter on the merits, constituted an abuse of discretion, especially because the judge did not exercise his discretion 'in the interest of justice.'”
Stewart Title retained Brian English of the Newark office of Tompkins, McGuire, Wachenfeld & Barry, while All-Pro turned to John Campbell of Florham Park's Schenck, Price, Smith & King.
Neither returned a call seeking comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllMeet the Judges: Senate Confirms 7 Superior Court Nominees in Final 2024 Session
3 minute readTrending Stories
- 1Trailblazing Broward Judge Retires; Legacy Includes Bush v. Gore
- 2Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
- 3'Almost an Arms Race': California Law Firms Scooped Up Lateral Talent by the Handful in 2024
- 4Pittsburgh Judge Rules Loan Company's Online Arbitration Agreement Unenforceable
- 5As a New Year Dawns, the Value of Florida’s Revised Mediation Laws Comes Into Greater Focus
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250