Firm That Made Job Offer to Presiding Judge Not Liable for Damages
A New Jersey Appellate Division judge dismissed legal malpractice and deprivation of due process counts against a firm who offered a job to a judge before he ruled in which the firm was the prevailing party.
The suit was filed against Herten, Burstein, Sheridan, Cevasco, Bottinelli, Litt & Harz and name partner Thomas Herten by Michael Cupo, the losing party in the case that brought Herten Burstein and Bergen County Superior Court Judge Gerald Escala together, the New Jersey Law Journal reported in an article reprinted in a New York Lawyer (reg. req.).
Thomas Herten approached Escala about a job on Jan. 24, 2006, just as he was wrapping up the Cupo case. On Feb. 1, Escala signed a final order that effectively denied a motion by Cupo for an additional $98.530, the New Jersey Law Journal reported. On Feb. 3, Escala announced his plans to join the firm.
Cupo moved for a new trial and got one. This suit sought $250,000 for legal fees and damages for having to go through a second trial, the New Jersey Law Journal reported.
The court said the malpractice claim was invalid because Herten Burstein had no duty of care to nonclient Cupo. Regarding the due process claim, Cupo did not cite any authorities to support his claim that Herten and his firm were state actors.
Cupo and his lawyer, Fanwood, N.J., solo Jeffrey Pocaro, said he intends to appeal the ruling to the state supreme court, the New Jersey Law Journal reported.
Prior coverage:
Losing Party Sues Law Firm for Discussing Job Offer with Judge
Last updated at 11:30 p.m. to correctly note that Escala signed the order.
