Sean Smith focuses his practice on business, commercial, and general litigation. Sean's practice involves the prosecution and defense of health care regulatory and statutory disputes, business dissolutions, rent control, consumer fraud, and tort actions. Sean also specializes in matters involving divorce, custody dispute, equitable distribution, spousal support, and family dispute resolution.
Sean's representation of clients' interests has resulted in the following published and unpublished appellate-level decisions:
- Timber Glen Phase III, LLC v. Twp. of Hamilton, 441 N.J. Super. 514 (App.Div. 2015);
- Tumpson v. Farina, 431 N.J.Super. 164, aff’d in part rev’d in part, 218 N.J. 450 (2014);
- Green v. Morgan Properties, 215 NJ 431 (2013);
- In re Contest of November 6, 2012 Election Results for City of Hoboken, Public Question No. 2, 2013 WL 4821095 (2013);
- Burns v. Hoboken Rent Leveling and Stabilization Board, 439 N.J.Super. 435 (App.Div. 2013);
- Mayer v. Mayer, 2013 WL 275961 (App.Div. 2013);
- Selective Ins. Co. of America v. Hudson East Pain Management Osteopathic Medicine and Physical Therapy, 416 N.J.Super. 215 (App.Div.); aff'd 210 N.J. 597 (2012);
- Gina Marie v. City of Hoboken, 2011 WL 4771935 (App.Div. 2011); Ryan v. Gina Maria, LLC, 420 N.J.Super. 215 (App.Div. 2011);
- Bloomfield 206 Corp. v. City of Hoboken, 2011 WL 9820 (App.Div. 2010);
- Endo Surgi Center, P.C. v. Liberty Mut. Ins. Co., 2010 WL 4067156 (App.Div. 2010);
- Liberty Mut. Ins. Co., P.C. v. Garden State Surgical Center, L.L.C., 413 N.J.Super. 513 (App.Div. 2010);
- Allstate Ins. Co. v. Saddlebrook Surgicenter, 2008 WL 508350 (App.Div. 2008);
- Hodges v. Sasil Corporation, 189 N.J. 210 (2007);
- Salem Management Co. v. Twp. of Lopatcong, 387 N.J.Super. 573 (App.Div. 2006), cert. denied 188 N.J. 579 (2006);
- Endo Surgi Center P.C. v. Liberty Mutual Ins. Co., 391 N.J.Super. 588 (App.Div. 2007);
- Moran v. QualCare, Inc., 2007 WL 470646 (App.Div. 2007)
- Co-author, "The College Lottery for Divorced Parents," New Jersey Law Journal, January 21, 2015
- Co-author, "Introducing the NJ SAFE Act: An Important Tool for Family Practitioners," New Jersey Law Journal, June 5, 2014
- Co-author, "Is Your Client Impacted by the Recession? Now May be the Time to Seek a Modification of Their Support Payments", New Jersey Law Journal, June 28, 2010
ADDITIONAL NOTEWORTHY INFORMATION
Sean was selected for inclusion in the New Jersey Law Journal's "New Leaders of the Bar" in 2013.
Sean's recent successes include, in private sector matters:
- Successful resolution of hundreds of family law disputes involving issues of spousal support, custody, equitable distribution of personal property, and business interest.
- Successful resolution of several class action claims in the Superior Court of New Jersey, Middlesex County, against several multifamily property owners brought by current and former tenants alleging consumer fraud, breach of contract, and entitlement to punitive damages.
- Obtaining injunctive relief on behalf of several medical providers against a large managed care company.
- Successful prosecution of a claim against a large insurance carrier for monies owed to an ambulatory surgical center. The decision ultimately was reached after a successful appeal in which the trial court was reversed and judgment was entered in favor of the center.
- Successful appellate challenge to an insurance carrier's attempts at obtaining information from medical providers.
- A multi-million-dollar settlement of claims asserted by several medical providers against a large insurance carrier.
- A favorable settlement wherein a testamentary trust was dissolved and the corpus distributed to the income beneficiary and the remaining beneficiaries, despite clear intent by the testator that the trust remain in place throughout the life of the income beneficiary.
- On behalf of Estate, successful prosecution establishing that an unsigned document was a writing intended to be the last will and testament of a decedent.
Sean served as a law clerk to the Honorable Sybil R. Moses, A.J.S.C. (ret.), New Jersey Superior Court.
- Essex County Bar Association Family Law Executive Committee, Co-Chair – 2015 - 2016
- Partners for Women and Justice, Pro Bono Counsel to Domestic Violence Victims
- New Jersey Business and Industry Association, Legal Affairs Committee Member
- Essex County Bar Association, Member of Scholarship Committee
- New Jersey State Bar Association, Member
- New York State Bar Association, Member
- American Bar Association, Member