Our Litigation Practice Group addresses complex, as well as routine, claims. Our attorneys are well-versed in handling all aspects of the litigation process. Each matter is approached with an eye towards achieving results in the most economic manner. Our attorneys have diverse experience in specialized areas, such as commercial litigation, trusts and estates litigation, insurance defense and personal injury.
Commercial
Winne Banta represents large and small businesses, including real estate developers, construction companies and major banks, in connection with workouts and defaulted loans, and all phases and nature of complex commercial litigation prosecution and defense.
Trusts and Estates
We have substantial experience in the litigation of trusts and estates matters, both at the trial and appellate levels. We have handled matters including will contests (issues of undue influence and lack of capacity), the construction of wills, elective share and omitted spouse claims, and contested accounting actions, representing both fiduciaries and beneficiaries.
Insurance Defense
From premises liability claims, title insurance claims and automobile injury claims, to more complex discrimination and products liability claims, the insurance defense team provides an aggressive yet cost-effective approach toward litigation. The group is adept at utilizing motion practice to dismiss baseless claims, and has successfully argued a number of those summary judgment motions in the state and federal courts, at both the trial and appellate levels.
Litigation Land Use
We actively and aggressively litigate real estate and land use issues in the trial and appellate courts. The breadth of our experience in development and land use law and regulation enables us to better complete this very sensitive and critical component to real property ownership and development effectively and expeditiously. Our support staff is equally experienced in responding to the time-sensitive nature of the preparation, compiling and filing of applications. The firm has strong relationships with a wide array of engineering, architectural, zoning and planning professionals, which enables us to promptly evaluate any given matter, formulate a strategy, employ the most appropriate witnesses and present the strongest possible case.
Employment
A key aspect of running a business is the hiring, retention and, when necessary, dismissal of employees. We help employers address the range of employment issues they encounter in day-to-day business. We counsel clients on every aspect of the employment relationship, including drafting employment and separation agreements, performance issues and discipline, workforce reductions, accommodations under the Americans with Disabilities Act, leave issues under the Family and Medical Leave Act and the New Jersey Family Leave Act, state and federal wage and hours laws, and state and federal discrimination laws. As appropriate, we conduct investigations in response to internal allegations of wrongdoing, including complaints regarding discrimination, harassment, fraud or whistleblower protection so that the business can limit liability by documenting its good faith response and revealing the relevant facts to determine if any action steps are necessary, such as employee discipline or policy changes. In addition, we draft and review internal employment practices and policies, and review employment handbooks.
Class Action
The firm has defended against and prosecuted class actions. In recent years, the firm has prosecuted many wage and hour class actions under federal and state law seeking overtime compensation denied to employees improperly classified as exempt from overtime regulations and for improper payroll deductions in violation of state wage and hour laws. The cases were handled in federal courts in various states, including New Jersey, New York, Pennsylvania, Illinois, California and Oregon.
Personal Injury
A serious personal injury or the wrongful death of a loved one can have very serious emotional, legal and financial consequences. At Winne Banta, our Personal Injury attorneys focus on giving our clients the individual attention, aggressive representation and pragmatic legal advice they need and deserve in order to be fully compensated. They are determined to achieve the highest possible recoveries for our clients. We have decades of experience in litigating personal injury claims and have developed a strong track record of success, both inside the courtroom and at the negotiating table.