Charles X. Gormally - Litigation & Employment Law Attorney

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CHARLES X. GORMALLY
MEMBER

TELEPHONE:	973.403.3111
FAX:	973.618.5511
E-MAIL:	cgormally@bracheichler.com
ASSISTANT:	Nancy Capra ncapra@bracheichler.com

Over the past 25 years, Charles Gormally has developed a proficiency in counseling clients with complex business matters, challenges to governmental regulation, contract disputes and tort actions. Charles has successfully tried jury and bench trial cases in the federal and state courts, as well as arbitration matters before American Arbitration Association tribunals. The New Jersey Supreme Court has acknowledged Charles as a trial attorney by designating him as a Certified Civil Trial Attorney.

PUBLISHED OR NOTEWORTHY DECISIONS

	Pazienza v. St. Barnabas Medical Ctr., 921 F. Supp. 1274 (U.S. Dist. , 1995);
	United States v Ernstoff, 183 F.R.D. 148 (D.C. N.J. 1998);
	Lombardo v. Hoag, 269 N.J. Super. 36 (App. Div. 1993) cert. denied 135 N.J. 469 (1994);
	Property Owners & Managers Ass'n v. Parsippany-Troy Hills, 264 N.J. Super. 538 (App. Div. 1993);
	Commonwealth Land Title Ins. Co. v. Kurnos, 340 N.J. Super. 25 (App. Div., 2001);
	WHS Realty Co. v. Town of Morristown, 146 N.J. 627 (1996);
	Doherty v. Teamsters Pension Trust Fund, 16 F.3d 1386 (3rd Cir. 1994);
	New Jersey Apt. Ass'n v. Director, Div. of Local Gov't Servs., 304 N.J. Super. 445 (App. Div. 1997);
	399 Lincoln Assoc. v. Orange Township, 244 N.J. Super. 238 (App. Div. 1990);
	Hunterdon Cent. High School Bd. of Education v. Hunterdon Cent. High School Teachers' Asso., 86 N.J. 43 (1981);
	Medford v. Duggan, 323 N.J. Super. 127 (App. Div. 1999);
	Besicorp Group v. Enowitz, 235 A.D.2d 761 (N.Y. App. Div. , 1997);
	Ohio Cas. Group of Ins. Cos. v. Professional Ins. Mgmt., 130 F.3d 1122 (3rd Cir. 1997);
	Salem Management v. Township of Lopatcong, 387 N.J. Super. 573 (App. Div. 2006);
	Endo Surgicenter v. Liberty Mutual Insurance Co., 391 N.J. Super. 588; (App. Div. 2007);
	Hodges v. Sasil Corporation, 189 N.J. 210 (2007)

ADDITIONAL NOTEWORTHY INFORMATION

His recent successes include, in private sector matters:

	A successful resolution of a class action claim in the Superior Court of New Jersey, Middlesex County, against a high-profile multifamily property owner brought by current and former tenants alleging consumer fraud, breach of contract and entitlement to punitive damages.
	Obtaining injunctive relief on behalf of a state-wide group of specialty physicians resulting in a successful defense of a claim for recovery of $20 million asserted against them by a large managed care company.
	Representation of a state-wide association of multifamily property owners before the New Jersey Supreme Court.
	A favorable jury verdict vindicating a market leader residential real estate company in a claim asserting violation of federal and state antitrust laws, unfair competition and contract interference by a competitive real estate agency. After a lengthy trial in the New Jersey Superior Court, the jury entered a verdict in favor of his client.
	A successful defense of a claim asserted by the United States that a large apartment owner had engaged in a pattern and practice of violating the Fair Housing Act. A trial in the federal district court resulted in a complete vindication of the client's position.
	A favorable jury verdict on behalf of a large distributor charged with unfair competition, breach of contract and RICO violations asserted by a competitive firm.
	A multimillion-dollar settlement of a disputed stock option and disability claim asserted by a chief financial officer of a publicly traded company.
	Significant jury verdicts and settlements on behalf of grievously injured clients arising from automobile accidents, pedestrian injuries and defective products.
	Successful defense of claims for injunctive relief on behalf of a physician/shareholder arising from violation of a post-employment restrictive covenant in a large urban medical practice.
	Successful prosecution of claim for injunctive relief against a terminated employee of a temporary accounting services firm from engaging in similar business within a protected area.
	Complete vindication of a regional hospital system in a claim asserting misappropriation of trade secret and confidential information asserted in federal district court action.

In public sector matters, Charles was instrumental in prosecuting several constitutional challenges to legislation that attempted to regulate his clients' commercial activities. For example, he formulated a group of multifamily property owners and compelled municipalities to alter their practices in connection with the collection of solid waste and recyclable materials. This action resulted in millions of dollars of cost savings to the clients and ultimately led to the adoption of state legislation to provide comparable municipal services to all multifamily properties. In addition, Charles has prevailed in actions overturning the exercise of overreaching municipal police power in matters including: the improper regulation of video arcades, illegal public initiatives to modify rent control ordinances and attempts to overcharge for housing inspections.

Charles is a member of the firm's Management Committee. He has been peer review rated as AV Preeminent, the highest rating for professional excellence by Martindale-Hubbell. He has been selected by his peers as a New Jersey Super Lawyer 2010.

PRACTICE AREAS

Litigation, Chair

Employment Law

EDUCATION

University of Scranton,
B.S., 1975

Seton Hall University
School of Law, J.D., 1979

BAR & COURT ADMISSIONS

New Jersey

New York

U.S. District Court, District
of New Jersey

U.S. Court of Appeals,
Second Circuit

U.S. Court of Appeals,
Third Circuit

PROFESSIONAL ACTIVITIES

Member, American Bar
Association

Member, New Jersey State
Bar Association