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Category Archives: PQA in the News

PQA Wins Appellate Division Decision Confirming No Right to Jury Trial Under the Insurance Fraud Prevention Act

PQA Wins Appellate Division Decision Confirming No Right to Jury Trial Under the Insurance Fraud Prevention Act

In a 3-0 decision handed down on October 9, 2013, in the case of Allstate v. Lajara, an Appellate Division panel upheld Judge Kenneth Grispin’s interlocutory ruling that there is no statutory or constitutional right to a jury trial in cases brought under the New Jersey Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1, et. seq. (the “IFPA”).

The Court’s decision relied in part upon its finding that the IFPA provides equitable remedies, and a requires fewer elements of proof of a violation than common law claims of fraud.  The Court also looked to the “Act’s general purpose to combat fraud and control insurance rates,” and stated that this purpose further supported its “conclusion that defendants have no constitutional right to a jury trial.”   The Court also relied upon the Legislature’s failure to include a right a jury trial in the IFPA.  “Although the Legislature’s silence is not dispositive, it is a significant factor weighing against the finding of a statutorily implied right,” the court stated. “[W]e should be reluctant to infer statutory provisions of law when the Legislature has not seen fit to expressly include them.”

This decision is an important victory for Allstate and other insurance companies fighting complex insurance fraud schemes in New Jersey.   The nature of these cases, which require extensive and often complex testimony and evidence, require many weeks, if not months to try.  This decision will enable these kinds of cases to be tried to a judge, who can hear these cases in segments tried over a period of weeks or months,  and requiring the parties where appropriate to supplement their respective positions with briefs, proposed findings of facts and other submissions designed to narrow and define the issues in dispute, and thereby assisting the court in reaching a verdict.

PQA partner Tom Mulvihill briefed and argued the appeal on behalf of Allstate.



PQA Files $5 Million Suit Against Owner of Ambulatory Surgery Center

PQA Files $5 Million Suit Against Owner of Ambulatory Surgery Center

On August 7, 2013, PQA filed a 15-count, $5.6 million lawsuit against the owner of a licensed ambulatory surgery center (“ASC”) on behalf of a Fortune 100 insurance company.   The suit alleges that the owner of the ASC paid more than $450,000 in kickbacks to an individual who acted as a “patient broker,” and who… Continue Reading

Belmar Planning Board Approves PQA Expansion Plans

At its April 16, 2012 meeting, the Belmar Planning Board voted unanimously to approve the major site application of PQA’s Belmar landlord, 701 Seventh Avenue Associates, Inc.  This approval clears the way for the renovation of the 10,000 square foot warehouse at the rear of the property into office space.   PQA, which currently occupies 5,600… Continue Reading

Pringle honored with Jean-Michel Cousteau at 2011 Monmouth University Urban Coastal Institute Event

On October 21, 2011 Monmouth University’s Urban Coast Institute (“UCI”) honored PQA Managing Partner and former Belmar mayor Ken Pringle with its 2011 State Coastal Leadership Award.  Ocean explorer, environmentalist and film producer Jean-Michel Cousteau was also honored with the UCI’s prestigious Champion of the Ocean Award. The awards luncheon followed the 7th Annual Future… Continue Reading

PQA’s Denise O’Hara files suit on behalf of Lake Como residents challenging zoning for 530′ radio tower

PQA Attorney Denise O’Hara filed suit on behalf of the Concerned Citizens of Lake Como to challenge the Borough’s recent zoning ordinance that would permit the construction of a 530′ radio transmission tower and related buildings, which General Media seeks to build in the Borough’s Green Acres-funded Behrman Park.  The ordinance purports to permit telecommunication… Continue Reading

PQA Attorneys win important procedural victory before New Jersey Supreme Court

PQA attorneys helped win an important procedural victory on May 10, 2011, when the New Jersey Supreme Court granted the petition for certification in the matter of Selective Insurance Co. of America v. Hudson East Pain Management Osteopathic Medicine and Physical Therapy.  In granting the petition, the Court agreed to hear an appeal from a… Continue Reading

PQA Teams Up With LifeSize to Link its Offices Via Video

In July 2010, PQA joined the videoconferencing revolution. The firm’s LifeSize HD videoconferencing system will enable the attorneys and staff in PQA’s Belmar, Morristown and Trenton offices to better communicate and collaborate with each other, and with the firm’s clients. The system will make it easier to arrange meetings and cut down on travel time and costs, all while reducing the firm’s carbon footprint. Continue Reading

George McGill appointed Bradley Beach Borough Attorney

PQA Partner George D. McGill was appointed Bradley Beach Borough Attorney by Mayor Julie Schreck at the Borough’s annual reorganization meeting on July 1, 2010, and confirmed by a unanimous Borough Council. This will be McGill’s second tenure as Bradley Beach Borough Attorney. He previously served as Borough Attorney from 2001 through 2002, and had served from 1994 to 2001 as the Assistant Borough Attorney, in the absence of then Borough Attorney Joseph Quinn.
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PQA Wins Victory for Borough of Red Bank

PQA attorney Tom Hall recently won an important victory for the Borough of Red Bank and its children in the matter of General Sports Venue, L.L.C. d/b/a Astroturf v. Borough of Red Bank and Precise Construction Inc., Docket No., MON-L-2411-10. The Borough advertised bids to install a synthetic turf sports field. In the bid specifications, Red Bank reserved the right to choose the specific type of turf to be used within ten days of bid award. Precise Construction was the low bidder and specified that it would perform all preparatory and site work and use synthetic turf manufactured and installed by Astroturf. After the bid opening and at the municipality’s request, Precise agreed to substitute higher grade Field Turf brand synthetic turf at no additional cost. Astroturf sued both the Borough and Precise. Continue Reading

Pringle presents at Monmouth University Climate Adaptation Conference

PQA Managing Partner Ken Pringle gave a presentation at the Climate Change Conference held at Monmouth University on January 15, 2010, on the panel discussing Potential Impact on Coastal Communities: Response & Adaptation Strategies. The conference was sponsored by the Monmouth Ocean Development Council, the Jersey Shore Partnership and Monmouth University’s Urban Coast Institute. Pringle,… Continue Reading

Belmar Office

701 Seventh Avenue
Belmar, NJ 07719
Telephone: 732-280-2400
Telecopier: 732-280-2402

Morristown Office

60 Washington Street
Suite 201
Morristown, NJ 07960
Telephone: 973-656-9159
Telecopier: 973-656-9158

Mt. Laurel Office

Laurel Corporate Center
9000 Midlantic Drive
Suite 110
Mt. Laurel, NJ 08054
Telephone: 856-206-0060
Telecopier: 856-437-6126

Trenton Office

202 West State Street
Trenton, NJ 08608
Telephone: 609-393-8944
Telecopier: 609-393-8964

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