AREAS OF PRACTICE
Practice areas:
Employment and Civil Rights
The firm handles complex employment and civil rights cases in federal and state courts, the EEOC and state administrative agencies. These matters include claims involving violations of the New Jersey Conscientious Employee Protection Act (CEPA), the New Jersey Law against Discrimination (LAD), federal and state constitutional claims under Section 1983, 1985 and 1988, and claims involving workplace harassment, retaliation, constructive discharge, violations of the New Jersey Wage Payment Law, breach of employment contracts and other employment and civil rights cases. The firm also handles prerogative writ litigation involving claims against public entities and officials.
The firm also represents individual victims who suffered violations of the civil rights in non-employment matters, including claims involving civil rights violations resulting from police misconduct, or the unconstitutional conduct of other public officials. The firm has successfully represented individuals with respect to claims involving false arrest, false imprisonment/unlawful detainer, excessive use of force, the failure to provide necessary medical treatment, malicious prosecution, among other civil rights violations.
As plaintiff's counsel, Mr. Seelagy's clients include employees who have claims against their private or public employers and those who have suffered violations of their constitutional rights.
As defense counsel, Mr. Seelagy represents New Jersey municipalities, elected municipal officials and employees, police and fire departments and their personnel.
Personal injury and Wrongful Death
The firm handles complex personal injury and wrongful death matters arising from automobile, slip and fall and construction accidents involving persons who suffered serious injuries resulting in permanent disability, loss of income and a significant disruption of their quality of life, including the following types of injuries:
- spinal injuries requiring surgery, including fusion surgery, discectomy, disc replacement, and laminectomy and laminotomy surgeries;
- injuries to the hands, wrists and shoulders, including cases requiring carpal tunnel and shoulder surgeries
- knee injuries requiring arthroscopic surgery or arthrotomy, or total knee replacement;
- traumatic brain injury;
- compound fractures;
- reflex sympathetic dystrophy;
- thoracic outlet syndrome
As plaintiff’s counsel, Mr. Seelagy has successfully represented numerous clients who have suffered debilitating, life-changing injuries resulting from neck and back injuries that involve disc herniations causing nerve compression requiring spinal fusions, disc replacement surgery, discectomies or laminectomies to the spine; cases involving multiple fractures to various areas of the body; traumatic brain injury cases where the client suffered a significant loss of concentration, impairment of vision, a loss of balance and impairment of gait, sleeplessness and other cognitive deficits.
As defense counsel, Mr. Seelagy has represented numerous companies in defense of claims alleging serious injuries that involve spinal surgeries, traumatic brain injury, substantial economic losses, and an inability to work. In such cases, the firm has achieved significant success obtaining dismissals on motion practice before or at trial, based upon questionable liability, the verbal tort threshold defense, the New Jersey Tort Claims Act, or in cases where the claimant is not able to establish all elements of his/her affirmative case.
Construction Litigation and Consumer Fraud
The firm handles complex construction and consumer fraud litigation involving contractors and subcontractors related to residential and commercial projects, including home improvement contract disputes, mechanics liens, and the arbitration and mediation of claims.
The law firm handles a variety of construction cases that involve many different scenarios that give rise to disputes between a homeowner and a contractor. Quite often, these cases involve homeowners who retain the services of a home improvement contractor who receives a substantial portion of the contract price and fails to complete the construction work in accordance with the contract terms, or performs work which was deficient and performed in an unworkmanlike manner that failed to meet the reasonable expectations of the homeowner. In those cases, the homeowner can expect to recover basic contract damages, and perhaps consequential damages, which compensate the homeowner for the losses arising from the contractor’s breach of the home-improvement contract. Typically, the recovery of attorney’s fees is not permitted in a simple breach of contract case, unless specifically provided for in the home-improvement contract.
In other cases, the law firm represents individuals who unknowingly retain the services of unscrupulous home-improvement contractors who held themselves out as qualified to perform home-improvement work, but who failed to register with the New Jersey Division of Consumer Affairs. The failure of the home-improvement contractor to register is a violation of the Contractor’s Registration Act, and in most cases can give rise to violations of the New Jersey Consumer Fraud Act, among other legal grounds upon which the claimant can pursue a recovery. A claimant who successfully obtains a judgment against a contractor under the New Jersey Consumer Fraud Act can obtain treble damages and the recovery of legal fees and the costs of litigation.
The law firm has also aggressively defended home-improvement contractors who are properly registered with the NJ DCA and have performed quality work in accordance with a home-improvement contract. Many of these cases arise from a homeowner’s unrealistic expectations regarding the contract work and the contractor’s responsibilities. In many of these cases, the contractor has performed a substantial portion, if not all of the contract work, but has not been paid by the homeowner who asserts a claim as a basis to unwittingly blame the contractor for a breach, as a means to avoid payment in accordance with the parties’ agreement.
The law firm has also represented individual property owners who have had construction liens filed against their property. Often times, contractors have failed to properly follow strict procedures required by law in order to file a construction lien and thereafter pursue litigation against the homeowner.
The law firm also represents contractors who have disputes with other contractors arising from a breach of a subcontract arising from the failure to complete the contract work in a timely manner (delay), the failure to make payment in accordance with the terms of the construction contract, or deficient work.
Complex Products Liability
The firm handles claims on behalf of plaintiffs and defendants involving serious personal injuries arising from a worker's or other person's use of defective machinery and equipment. These cases involve claims for design defect, a manufacturing defect and/or a failure to warn, governed under the NJ Products Liability Act.
Insurance Coverage and First Party Claims
The firm represents individuals and insurance companies in litigation involving insurance coverage disputes and claims, including claims for PIP benefits, subrogation, property damage claims, and claims seeking to compel liability coverage.
Worker's Compensation Claims
The firm represents Petitioners, or injured workers who suffer work-related injuries regardless of the nature and complexity of the injuries, from inception of the case through settlement and/or trial.
Contract Review and Commercial Litigation
The firm reviews, drafts and provides counsel to clients with regard to employment contracts, commercial leases and the formation of business entities. The firm also litigates contract disputes through arbitration or trial, and cases in which the client seeks injunctive or other equitable relief.
Estate Planning and Administration
The firm prepares Wills, Living Wills and Powers of Attorney for clients, and handles the administration of estates, including the representation of Executors and Administrators after the death of a decedent through closure of the estate. The firm also engages in litigation of estate matters in the New Jersey Courts.