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 represents clients in matters involving divorce, equitable distribution, alimony, spousal support and marital property settlements.

PUBLICATIONS AND SPEECHES

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

REPRESENTATIVE MATTERS

Sean's representation of clients' interests has resulted in the following published and unpublished appellate-level decisions:

• Selective Ins. Co. of America v. Hudson East Pain Management Osteopathic Medicine and Physical Therapy, --- A.3d. ---, 2010 WL 3960789 (App.Div. 2010)
• Endo Surgi Center, P.C. v. Liberty Mut. Ins. Co., 2010 WL 4067156 (App.Div. 2010)
• 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);
• Allstate Ins. Co. v. Saddlebrook Surgicenter, 2008 WL 508350 (App.Div. 2008).

ADDITIONAL NOTEWORTHY INFORMATION

Sean's recent successes include, in private sector matters:

• 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 multimillion-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 volunteers his time for Partners for Women and Justice, a non-profit that provides free legal assistance to low-income women who are victims of domestic violence. 

 

Sean served as a law clerk to the Honorable Sybil R. Moses, A.J.S.C. (ret.), New Jersey Superior Court.