Business Law

Business Law Successes

The firm´s litigation team is experienced in most general litigation matters, including commercial cases and personal injury. This includes representing both plaintiffs and defendants.

Enforcing an Oral Contract

Type of case: Commercial real estate title dispute

Represented: Plaintiff

Disposition: Plaintiff won $200,000 settlement

Facts: Plaintiff and his uncle, who owned separate landscaping businesses, together purchased 10 acres of land in 1985 for $100,000. They each used the land for dumping yard waste and storing equipment. Because Plaintiff had problems with the IRS over taxes, he orally agreed to let his uncle and aunt hold title to the property, and the uncle agreed to transfer half ownership to Plaintiff when he resolved his IRS problems. Plaintiff gave his uncle a check for half the mortgage payment each month.

In 1990 Plaintiff’s IRS problems were resolved, and he asked his uncle to put his name on the deed. The uncle said he would do so, but never did.

The uncle died in 1997. Plaintiff asked his aunt to put his name on the deed, but she stonewalled. By this time the land was worth $1 million. Plaintiff continued paying his half of the mortgage payments to his aunt, and she accepted his payments each month.

More than two years after the uncle´s estate settled, Plaintiff contacted Alan Orlowsky wishing to file a claim for his share of the land&actue;s value, or half of $1 million. The aunt claimed that because the two-year statute of limitations had expired, Plaintiff could not sue her. Nevertheless, Orlowsky advised Plaintiff to pursue the lawsuit. He argued that the aunt´s acceptance of Plaintiff´s monthly mortgage payments affirmed the oral agreement between Plaintiff and his uncle. The parties settled for $200,000.

Passenger Injures Wrist in Auto Accident

Type of case: Personal injury

Represented: Plaintiff

Disposition: Plaintiff´s estate settled for $85,000

Facts: Plaintiff, a 75-year-old woman, was a passenger in a car driven by her boyfriend. They were proceeding straight through an intersection when an oncoming car started to turn left and collided with them. Plaintiff broke her wrist, and required three surgeries with internal fixation to repair it.

Plaintiff hired Alan Orlowsky to sue the other driver. The defense´s argument was that the accident was not their fault. In the midst of the lawsuit, Plaintiff died of a heart attack. Her estate pursued the lawsuit.

Orlowsky demonstrated through deposition testimony the defendant was at fault, and prepared evidence of Plaintiff’s compensatory damages — the cost of surgery and related expenses. Demonstrating Plaintiff’s pain and suffering was a challenge, however, because she had died. Plaintiff’s estate ultimately settled for $85,000.

Performance on Promissory Note

Type of case: Breach of contract

Represented: Defendant

Disposition: After suing for $250,000, plaintiff settled for $35,000

Facts: A corporation in which Defendant was an officer issued a promissory note in the amount of $200,000. The corporation went defunct and the holder of the note sued Defendant for performance on the note plus other expenses.

The plaintiff claimed that Defendant was personally liable for the note because he signed the note personally, failing to insert his status as a corporate officer.

After successful motions and negotiations, Defendant, through representation of Alan Orlowsky, settled for $35,000. The full settlement amount was paid by Defendant’s errors-and-omissions insurance policy, and Defendant paid nothing.

Client Assaulted in Mall

Type of case: Personal Injury

Represented: Plaintiff

Disposition: Plaintiff won settlement

Facts: Client was attacked and beaten in front of a well-known local shopping mall. His injuries resulted in hospitalization, 75 stitches and subsequent cosmetic surgery. Successfully settled upon filing a complaint against shopping mall.

Fall From Ladder

Type of case: Negligence

Represented: Plaintiff

Disposition: Plaintiff won $75,000 settlement

Facts: Client was hired to provide artwork to a nationally known retail bookstore. Upon hanging the artwork, the client fell from the ladder that the retailer provided, and suffered broken bones, requiring surgery. Upon filing suit against national retailer, Alan Orlowsky, with aid of counsel, was able to settle the matter in excess of $75,000, notwithstanding difficulty of proving fault.

Slip & Fall on Stairway

Type of case: Negligence

Represented: Plaintiff

Disposition: Plaintiff won $50,000 settlement

Facts: Descending a basement stairway, client tripped and fractured her skull on the basement floor. Investigation found that one step was irregular, but client couldn´t prove that she tripped on that particular step. Property owner (defendant) had inadequate liability insurance coverage. The case was arbitrated and the plaintiff won a $50,000 settlement. (Client´s insurance company covered her medical expenses.)

Insurance Fraud

Type of case: Civil Fraud

Represented: Plaintiff

Disposition: Plaintiff won reimbursement of $100,000 in insurance premiums

Facts: The client alleged fraud against a well-known national life insurance company, based on fraudulent preparation of life insurance illustrations. Upon presentation of the facts to the life insurance carrier, client received reimbursement of premiums in excess of $100,000 without litigation.

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