What We Do

Bolan Jahnsen Dacey Esqs.Let’s preface this part of the site by admitting that lawyers in general are typically really bad at those things which they’re not really good. We know this because on far too many occasions we end up representing the lawyer who strayed too far from his niche. We have gotten lucky and we learned from their mistakes. So if you want a will probated, or sound tax and estate planning, or to rezone a property, or trademark an idea, or you need to know how the Rule in Shelly’s Case will impact the rights in perpetuity of a fertile octogenarian, then you have come to the wrong place. You’re welcome to stay of course, and we hope you enjoy what you’re reading, but we’re about as clueless as a blind man in a dark room when it comes to anything that doesn’t touch upon trial work.

That being said, we are excellent both in court and in the handling and positioning of cases that may end up there. We understand and are committed to shortening the litigation cycle whenever we can, so we will drive the appropriate cases to mediation or other available forums. Whether a case is a multi-party conflict involving esoteric issues of law, or science, or medicine, or garden variety negligence, there’s pretty much nothing we haven’t seen or handled. Here’s a snapshot of the types of cases that routinely find their way through our doors.

General Negligence and Bodily Injury

Whether it be slip and fall or the more complex negligent security or Dram Shop exposure, we pride ourselves in trying more cases to successful resolution than any firm in the region. We understand the competing concern of identifying and resolving the clear case early on, but we also bring to the table a solid reputation as trial attorneys which enhances our ability to leverage favorable terms of settlement.

We are members of New Jersey Defense Association, Defense Research Institute, National Retail Restaurant Defense Association.

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Commercial Premises Liability

Owners of commercial premises and those that lease those premises are often sued for personal injury. These cases often involve slips and falls due to snow or ice or due to some other alleged defect in the property. We have seen all of the imaginable defects including defective ramps, open trap doors in the floor, lips on sidewalks and even tree roots growing across paths (apparently we need to cut down all of the trees to make the world a safer place).

It’s amazing the terrible injuries one can sustain from falling down from a standing position. You would think some of these people were hurled out of a fourth story window based upon their alleged injuries, but we digress. These cases often involve the interpretation of commercial leases with indemnity and additional insured issues. Deciphering who is potentially liable based upon lease language is a big part of these cases.

Terry Bolan has frequently given lectures in this area. We have tried countless cases involving commercial premises liability. Identifying which cases are appropriate to defend and those which should be settled, if possible, will save on defense costs and ultimately on indemnity as well.

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Products Liability

This is an area of law which is most intriguing because every case you learn something new about how things work. You occasionally learn about how things don’t work too. We have successfully handled products liability cases ranging from farm equipment to industrial machinery and we are well versed in the nuances of the workplace and the chain of distribution.

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Professional Liability

The founders of the firm cut their trial teeth in medical malpractice and professional liability and it remains at the core of what we do. The New Jersey Affidavit of Merit Statute, N.J.S.A. 2A:53A-27, was designed to reduce the number of frivolous lawsuits targeted at the professionals who serve our state. Fortunately, for its designers, they are cloaked with legislative immunity because the statute has done little to stem the flow of litigation.

Our professional liability practice is not limited to just the medical facility, or professional, but the professionals who serve them as well. Attorneys, architects and engineers, insurance professionals, and other licensed professionals have been served by this office since our inception.

We have managed to grow this firm by working with the surplus lines markets (we are members of NAPSLO, PLUS and NJSLA). This experience proves invaluable in defending errors and omissions claims against agents and brokers. Of course, most of these claims involve honest mistakes like “who knew I was supposed to offer EPLI coverage to the owners of Club Exotica…aren’t those dancers independent contractors?”

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Insurance Coverage

This is the one area of our practice we never anticipated we’d do when we were in law school. It has, however, become one of our common areas of practice as it is at the core of many of the disputes we encounter.

We are well versed in disputes involving:

  • PIP
  • Standard Lines
  • CGL
  • Commercial Property
  • Stand Alone
  • Wrap Around
  • Brown Water
  • Blue Water
  • Cold Water
  • Inland Marine
  • Disability
  • Temporary Disability
  • Partial Permanent and Total Disability
  • Been There Done That

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Agent/Broker E&O

The founders of the firm cut their trial teeth in medical malpractice and professional liability and it remains at the core of what we do. The New Jersey Affidavit of Merit Statute, N.J.S.A. 2A:53A-27, was designed to reduce the number of frivolous lawsuits targeted at the professionals who serve our state. Fortunately, for its designers, they are cloaked with legislative immunity because the statute has done little to stem the flow of litigation.

Our professional liability practice is not limited to just the medical facility, or professional, but the professionals who serve them as well. Attorneys, architects and engineers, insurance professionals, and other licensed professionals have been served by this office since our inception.

We have managed to grow this firm by working with the surplus lines markets (we are members of NAPSLO, PLUS and NJSLA). This experience proves invaluable in defending errors and omissions claims against agents and brokers. Of course, most of these claims involve honest mistakes like “who knew I was supposed to offer EPLI coverage to the owners of Club Exotica…aren’t those dancers independent contractors?”

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Trucking Litigation

“Ask not for whom the Turnpike is tolled, it’s tolled for thee!” Be it the Turnpike, I-80, I-78, I-295, I-95, I-287 or I-195, there are all manner of roads which criss-cross our Garden State. Indeed, for a 30 mile stretch, U.S. Route 1 and U.S. Route 9 are combined into Routes 1&9. Based upon the frequency of accidents along that stretch, we suspect that Northbound 1 is merged with Southbound 9 and vice versa. Given the typically courteous New Jersey driver never gives a trucker a break, we have a devoted practice specialty in defending truckers and other commercial vehicle operators.

Our expertise includes motor vehicle accidents, loading and unloading claims, and coverage issues associated with freight claims. Freight, Cargo, Bobtail, FOP and Deadheading (see L. Patrick Dacey bio) and Spear Fishing (we threw that last one in there just to see if you’re still reading).

We are members of TIDA, TLA, New Jersey Motor Truck Association and the DRI Trucking Committee.

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Architects and Engineers

The founders of the firm cut their trial teeth in medical malpractice and professional liability and it remains at the core of what we do. The New Jersey Affidavit of Merit Statute, N.J.S.A. 2A:53A-27, was designed to reduce the number of frivolous lawsuits targeted at the professionals who serve our state. Fortunately, for its designers, they are cloaked with legislative immunity because the statute has done little to stem the flow of litigation.

Our professional liability practice is not limited to just the medical facility, or professional, but the professionals who serve them as well. Attorneys, architects and engineers, insurance professionals, and other licensed professionals have been served by this office since our inception.

We have managed to grow this firm by working with the surplus lines markets (we are members of NAPSLO, PLUS and NJSLA). This experience proves invaluable in defending errors and omissions claims against agents and brokers. Of course, most of these claims involve honest mistakes like “who knew I was supposed to offer EPLI coverage to the owners of Club Exotica…aren’t those dancers independent contractors?”

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Workers’ Compensation

We defend and prosecute claims arising from work accidents (e.g., loss of an eye from a nail gun) and occupational exposures of all kinds (e.g., loss of lung from nail gun powder). This practice area is headed up by Tom Walters despite his unfamiliarity with the concept of work. (That last sentence is untrue, but given he was at band practice when we made final edits, we couldn’t resist). In this area, we proudly represent both insured and self insured entities.

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Public Entity – Title 59, 1983 and Civil Rights Violations

Shockingly New Jersey politicians and the people they hire to serve the tax payers are occasionally accused of wrongdoing. Many of these wrongdoings are doubtlessly intentional and not covered. Occasionally, however, these acts are deemed negligent and we are asked to defend. In other words, sometimes the handcuffed individual actually does fall down the stairs or the elected official declines the bribe.

As a native of Bayonne, Tom Walters is very familiar with political corruption (redundancy I know) and as an elected official himself, Commissioner Terry Bolan can empathize with the unjustly accused.

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Negligent Security

A guy walks into a bar… and he walks out with a few less teeth and a bad headache. That’s not a joke. It’s a fact pattern that we see quite often. How to make this the fault of the bar instead of the remover of the teeth is a conundrum facing plaintiff’s lawyers in negligent security cases.

Other scenarios we see in negligent security cases include assaults, robberies or other general mayhem in or around malls, stores or other places open to the public. Funny how it seems that mall, mall security or store employees almost never have anything to do with the actual assault yet it somehow is always their fault. It’s not, of course, but you get the idea.

In many instances, plaintiff’s attorneys will not even sue the actual assailant because the assailant is either unknown or he is judgment proof. This has to be properly handled procedurally to best protect the client. Furthermore, the cross examination of experts in cases like this is critical.

We have seen them all and we have successfully defended, tried and/or resolved more of these types of cases than most firms in the region.

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Construction Defect

Gone are the days when being a developer meant something and litigation could be avoided with a greased palm or a dirt nap. Claims against developers and contractors are en vogue with New Jersey’s HOAs and COAs. The challenges of the present economy make these cases attractive and potentially profitable, especially for the lawyers.

If you’re in construction, chances are you’ll eventually be in court. Our approach to the defense of these complex matters is both innovative and mildly entertaining, just ask one of our adversaries.

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Employment Practices

We hold ourselves out as experts in sexual harassment, as well as discrimination and wrongful termination. Whether it be a federal claim against the employer or a state based claim under the New Jersey Law Against Discrimination or even a matter that is not yet in suit, we are equipped with the knowledge and the experience in employer misconduct to successfully investigate and defend the claim.

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Pharmacy

From the occasional slip and fall to the much less frequent slip of a pill, we are proud to represent a national pharmaceutical chain in defending both premises liability and pharmacy claims. While it is a pleasure to represent a client that is well managed and staffed with experienced professionals, we still check the pills in the bottle when picking up a new prescription.

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Reinsurance Arbitration

If there is one area that you can guarantee you never envisioned doing when in law school, it is reinsurance. We had had the pleasure of both litigating to conclusion as well as addressing and resolving on behalf of our clients any number of reinsurance issues. So obviously, whenever you are confronted with a situation where your Schedule F is improperly viewed as a negative liability on your Yellow Peril (and we all know how that turns out) feel free to reach out to our offices as an assist.

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