Melick and Porter Secures Major Legal Victory in Rhode Island Supreme Court Ruling

January 2025 • Source: Melick & Porter

M&P is thrilled to announce a significant legal victory for our client! In a decision by the Supreme Court of Rhode Island, the court ruled in our client’s favor, marking a monumental win involving a novel issue. The Supreme Court of Rhode Island affirmed the Superior Court’s decision where M&P successfully argued for a Motion to Dismiss in an efficient use of resources for our client.

We are also pleased to announce that the decision was the result of tireless advocacy on behalf of M&P associate, Gabriella Garofalo, who was tasked with arguing her first dispositive motion against a Plaintiff who brought a professional liability claim against M&P’s client. Gabriella argued that under Rhode Island law her client was shielded from liability pursuant to quasi-judicial immunity. The Court agreed with Gabriella granting the Motion to Dismiss and dismissing Plaintiff’s Complaint with prejudice.

Plaintiff appealed to the Supreme Court of Rhode Island. Gabriella briefed the matter, again emphasizing the clear protections afforded under the statute. Kurt Rocha argued the matter before Rhode Island’s highest court. The Supreme Court agreed, affirming the judgment of the Supreme Court.

This outcome is a testament to the dedication and hard work of our legal team, and we could not be prouder of the result.

Zarwin Baum Defense Victory in New Jersey Real Estate Fraud Case

December 2024 • Source: Zarwin Baum

In a high-stakes, nearly three-week trial, Zarwin Baum attorneys Bryan Werley and Breana Barker secured a decisive defense victory in a New Jersey real estate fraud case. Representing a real estate broker and agent involved in the sale of a Haddonfield, New Jersey duplex, the legal team adeptly navigated through a web of complex legal issues to obtain a full defense verdict.

Although the duplex had existed for decades, unbeknownst to the Sellers, the zoning in the borough had changed to disallow duplexes. Following settlement on the property, the Plaintiff claimed they began to discover electrical, plumbing, and structural issues within the building that were undetectable during their inspections. To address these issues, the Plaintiff removed walls, ceilings, and other parts of the duplex to commence renovations and was subsequently advised by the Borough that they required a permit for the work. They applied for a permit for minor repairs, not the more significant repairs that were underway. Subsequently, they claimed they were informed that the property could no longer be restored to a duplex due to the intervening change in the Borough’s laws and would instead have to be rebuilt as a single-family home. They brought claims against the Sellers for misrepresentation, fraud, and breach of contract and against the broker/agent for violations of New Jersey’s Consumer Fraud Act, Common Law Fraud, and Negligence. The operative statute included the potential for treble damages and fee shifting, and Common Law Fraud included the potential for punitive damages. Plaintiff claimed that the repair of their property would have cost approximately four times the price they paid to purchase the duplex.

At trial, Werley and Barker demonstrated that the duplex was accurately marketed based on public records and that the agent was under no obligation to perform legal or zoning research—a responsibility that rested with the Plaintiff's real estate lawyer during due diligence. They meticulously contested each element of the fraud and consumer protection claims and effectively dismantled the Plaintiff’s asserted damages.

The jury returned a unanimous verdict, finding in favor of the defense on all claims.

Star Employee Left? How Preemptive Collections Reduce Risk and Improve Case Outcomes

September 2024 • Source: Envista Forensics

The following scenario is all too common.

A high-powered employee leaves a company. Months later, the company suspected that the employee stole sensitive data on the way out the door because the CFO noticed a meaningful revenue reduction from the accounts the employee was responsible for.

Unfortunately, that employee's laptop, desktop, and company phone have all been wiped and reissued to new employees. The evidence of potential wrongdoing is gone, as is the company's recourse against the former employee.

As a expert with years of experience in high-stakes litigation, I've seen firsthand how the evidence landscape has shifted dramatically in our digital age.

Today, I want to discuss a critical strategy that can make or break a case: pre-emptive collections. This approach is not just about being prepared; it's about safeguarding your client's interests and ensuring the integrity of digital evidence from the outset.

View the full article.

Kimberly K. Hardeman to Lead the 51st Annual Trial Academy

August 2024 • Source: Lederer Weston Craig PLC

The IADC is pleased to announce Kimberly K. Hardeman as the 2025 Trial Academy Director. 

As the “Crown Jewel” of the IADC, the Trial Academy is one of the oldest and most respected programs for developing defense trial advocacy skills. Perfect for those looking to learn and practice the fundamentals and for those seeking to refine their techniques and tactics and take their trial skills to the next level, students will learn by doing. This week-long intensive workshop blends faculty instruction and demonstration with individual student participation in the setting of a mock trial.

The 50th Annual Trial Academy just concluded at the beginning of August. Next year’s program will happen late July/early August – details to come.

Kimberly K. Hardeman is a member of Lederer Weston Craig PLC (LWC). LWC is a boutique trial practice firm with offices in Cedar Rapids and West Des Moines, Iowa. She is a graduate of Drake University Law School and St. Cloud State University where she was a collegiate volleyball player, captain, and 4-year letter winner. She practices law in the areas of automobile liability, personal injury litigation, products liability, commercial litigation, and professional liability. Hardeman also received additional training and education through the Mediation Skills Training program at Northwestern University School of Professional Studies in 2015.   

Hardeman has been and continues to serve as a member and leader in many professional groups. She is a Fellow in the American College of Trial Lawyers and serves on the executive committee for the Iowa Chapter; is a Fellow in the Iowa Academy of Trial Lawyers, and Past President of the Iowa Chapter of ABOTA;  is a member of the Iowa State Bar Association, and a member of the Iowa Defense Counsel Association. Hardeman has been a member of the International Association of Defense Counsel since 2010. She was selected to serve as a faculty instructor with the Chuck Cole All Stars at the IADC Trial Academy in 2013 at Stanford University. She was the Director-Elect of the IADC Trial Academy in 2024. She has served as the Vice Chair for Diversity for the In-House and Law Firm Management Committee for several years. 

Kim and her husband Jay reside in Cedar Rapids, Iowa.