Unlike many large law firms, the size of our client's business is not a factor in the quality of service we provide.We believe personalized service is the key to resolving our client's legal matters as expeditiouslyand economically as possible. For a list of our practice laws, click the link below.
Continuing growth and development in the state of New Jersey has brought much change to this area of practice. DIBIASI & RINALDI LLC has assisted its individual and corporate clients in all aspects of real estate acquisition, development, construction, improvement, tax and financing. Increased land use regulation and environmental concerns have made real estate development a highly regulated and complex industry. Our team counsels clients on legal requirements for compliance with local, regional, state and federal laws governing land use, subdivision and zoning. The firm has expertise in environmental and conservation regulations covering the natural assets of land such as water and wetlands as well as the technical requirements for complex site plans and buildings.
Recently, the Employment practice field of law has undergone dramatic changes. Wrongful termination, whistleblower termination, illegal non-compete clauses and pretextual terminations to avoid benefit payouts are only some of the issues that are becoming more prevalent. DIBIASI & RINALDI LLC Employment team is knowledgeable and experienced in this area and has represented many clients in discrimination and civil rights claims.
The firm is also well versed in the rights of employers and advises businesses, trusts, and institutions regarding the many developments in the law that affect the workplace environment. Our attorneys can represent clients in all aspects of benefits work before the Internal Revenue Service, the U.S. Department of Labor and other federal agencies.
Over the years, DIBIASI & RINALDI LLC has represented clients in all phases of construction law and litigation. The firm's construction group is noted for its transactional lawyers who specialize in the handling of a matter from the concept stage through the actual finished product.
Our litigators specialize in representing clients including insurance companies, contractors, owners and others regarding claims for injury and property damage from construction projects. Recognizing that the field of construction litigation is often a very complex, time consuming and expensive undertaking, the DIBIASI & RINALDI LLC team prides itself on representing clients as economically as possible throughout their court suits, arbitration and/or mediation.
The following is a short overview of appellate law. Appellate rules vary from state to state, and between the state and federal system. However, the appellate procedures in most jurisdictions have some common elements.
All cases begin in a trial court, and at some point, the case will end in the trial court. The case could be dismissed by the judge early in the litigation, or a final judgment could be entered after a full trial. But at some point, the procedings in the trial court will be concluded. At that point, a party unhappy with the outcome (typcially the losing side, but sometimes even the winning side) can appeal.
An appeal typically begins with filing a notice of appeal in the trial court. The party appealing -- known as the "appellant" -- must also designate an appellate record. The appellate record consists of materials from the trial court that the appellant would like to present to the appellate court and use in appeal.
Appellate courts do not retry cases or hear new evidence. Instead, appellate courts review what occurred in the trial court to see if the proper procedures were followed and the proper law was applied. Because of the limited nature of this review, the issues properly raised on appeal are significantly different from those that are raised at trial
The appeallate court will usually defer to the trial court or jury on factual issues. However, the appeallate court has the final word on what the law is. On issues of law -- for example, the interpretation of a statute or the Constitution -- the appellate court will not defer to the trial court but will instead independently decide the issue.
On an appeal after after a pre-trial dismissal -- for example, after a summary judgment motion or a demurrer -- the appellate court will usually review the materials and independently decide whether the case should have been dismissed or whether it should have been allowed to go to trial.
On an appeal from a judgment after a trial, the appeallate court will reverse the judgment only if it finds the trial court committed legal errors that were prejudicial during the trial. Examples of such legal errors include the trial court giving erroneous jury instructions, erroneously admitting or excluding evidence, and failing to follow proper procedures. If the appellate court finds such legal errors, the Court will then determine whether these errors were prejudicial. A legal error is considered prejudicial only if there is some reasonable chance that it was likely to have effected the result in the case. Thus, minor legal errors are usually not grounds for a reversal.
In a typical case, the parties will file a total of three briefs with the court.
The appellant begins with an opening brief. The appellant's opening brief should explain the facts and procedural history of the case, and then explain why the appellate court should reverse.
The non-appelling party -- usually called the "appellee" or "respondent" -- then files a responsive brief. In the brief, the appellee or respondent argues why the trial court reached the right result and why the appellate court should not reverse.
Finally, the appellate can file a reply brief. In this brief, the appellant can argue why the respondent's claims are wrong. However, the appellant may not make new legal argument in the reply brief; the appellate may only "reply" to the respondent.
Appeals are decided by an appellate panel. Usually the appellate panel in an intermediate appellate court consists of three judges chosen randomly from the pool of available appellate judges on the courts. In appeals to state supreme courts and the U.S. Supreme Court, the entire court usually hears the appeal. State supreme courts typically have 7 justices, and the U.S. Supreme Court has 9 justices.
Once the briefing is completed, the appellate court will hear oral argument. The time between the close of briefing and oral argument varies tremendously between different courts.
The oral argument is typically 30 minutes at the most, and is often less than 10 minutes. By the time of oral argment, the judges on most appellate courts will have read the briefs and thoroughly considered the issues.
In the federal courts and some state courts, the court may chose to decide a case without the necessity of oral argument.
At the close of oral argument the case is submitted to the appellate court for a decision.
The appellate panel will usually issue a written opinion explaining why it reached the decision that it did. Like the time between briefing and oral argument, the time between oral argument and the written decision varies considerably between different courts.
If the appellate court deems it appropriate, the written opinon will be published in the official reports and will be binding authority for litigants in the future.
A party who is dissatisfied with the results on appeal can petition a higher appellate court to review the case. In most states, this would be the state supreme court. In the federal system, it is the U.S. Supreme Court. (If a federal issue is involved, the U.S. Supreme Court can take cases from the state appellate courts.)
With a few exceptions (like death penalty appeals), the state supreme courts and the U.S. Supreme Court are not required to take any particular case; they choose what cases they will decide. Consequently, the petition asking the higher court to take review must be carefully drafted.
As discussed above, most appeals involve cases that have been concluded in the trial court. However, a party can sometimes take an appeal from a trial court order before the case is over. Such appeals are called interlocutory appeals. Similary, a party can sometimes ask an appellate court to issue an order -- called a writ -- requiring the trial court to modify one of its orders. The circumstances in which a party can file an interlocutory appeal or a petition for an appellate writ vary from court to court and are often very technical.
Proper representation is key during and especially after a trial court has made its decision. DIBIASI & RINALDI LLC Appellate Law practice is diverse and substantial in both the State and Federal Courts. In the last 15 years the firm has been involved in more than 90 appeals where the Appellate Court's decision was published. As you will see, our success has been extraordinary.
What is Asbestos?
"Asbestos" is a generic name given to a fibrous variety of six naturally occurring minerals that have been used for decades in the development of thousands of commercial products. The term "asbestos" is not a mineralogical definition but a commercial name given to a group of minerals that possess high tensile strength, flexibility, resistance to chemical and thermal degradation, and electrical resistance. These minerals have been used in many products, including insulation and fireproofing materials, automotive brakes and textile products, and cement and wallboard materials.
"Mesothelioma" is a rare form of cancer that attacks cells, called mesothelial cells, which make up membrane lining in the chest and abdominal cavity. The tissue called mesothelium, which is formed by the mesothelial cells, help protects the organs by producing a lubricating fluid that allows the organs to move without irritating nerves. Mesothelioma cancer patients’ prognoses (medical outlooks) depend to a large extent on when the diagnosis of mesothelioma cancer took place; earlier identification improves the chances for recovery. Both forms of mesothelioma cancer can be difficult to identify, with vague symptoms, including fever and abdominal/chest pains.
One of the first law firms in New Jersey to become actively involved in Asbestos Litigation, DIBIASI & RINALDI LLC can offer clients more than two decades of litigation experience. The firm has represented the interests of numerous manufacturers and suppliers of asbestos-containing products, and has obtained uniformly favorable trial results in the State and Federal Courts.
In this highly specialized area of toxic tort litigation and product liability, the firm has achieved a notable level of expertise. DIBIASI & RINALDI LLC is particularly recognized for its attention to detail and its investigatory procedures to identify the unique aspects of each case