At The Law Offices
of Jonathan Robert Nelson, P.C. we focus on the needs and rights of our clients, which are mainly
individuals, churches, small proprietorships, and small-to-mid-size organizations. You and your company have rights
that come from many sources –– from contracts you have signed, laws and regulations, procedural rules, customary
practices, and your community's expectation of decency and fair play. A lawyer can be your powerful ally in enforcing those
rights and defending your legitimate interests. In over twenty years of law practice, this firm has represented clients in
many industries and professions.
Our clients have come from the steel industry;
churches of many Christian denominations; banking; flavors and fragrances; missionary organizations; computer
software development; computer peripheral sales; cable television product marketing; over-the-counter pharmaceutical sales;
advertising; energy generation; real estate brokerage and management; import, export, and international trade; air ambulance; mergers
and acquisitions; academia; psychology and parapsychology; religion; the law; insurance and risk management; hospital management,
investment banking, photography, construction, opera, diplomacy, restaurant management, and many other fields. Our
broad outlook helps us to see answers - and questions - that others may miss.
We
will help you find the best solution to your disputes. Sometimes problems can be resolved with a letter or a negotiation.
In other cases, emergency action is needed to preserve assets and protect rights. You may have a choice of courts in which
to file a lawsuit, or perhaps your adversary has chosen an inconvenient forum. Arbitration or mediation may be an option under
your contracts. Perhaps a plaintiff has filed suit and you require a vigorous defense. Whatever the court or tribunal, we
can help you prepare your case, file it, take it to trial, and collect on your judgment. If a judge has made a mistake in
your case, we can appeal the decision to the next highest court.
We have
handled a wide variety of claims, including claims of breach of contract; fraudulent inducement and other business frauds;
rescission of contracts; uniform commercial code claims; copyright and trademark infringement; commercial libel; enforcement
of liens and judgments (including the arrest of a maritime vessel); officer and director liability; shareholder derivative
actions; violations of federal and state securities law; violations of not-for-profit and business corporation laws; deceptive
trade practices; infringement of commercial speech rights; commercial landlord-tenant disputes; federal arbitration act motions;
free exercise, free speech and other civil rights infringements; non-conformity of goods shipped in international trade;
non-payment for goods, royalties or rents; embezzlement; breach of fiduciary duty; claims against a bank trustee; bankruptcy;
proxy solicitation disputes; accounting malpractice and suits for an accounting; franchise violations; replevin of pledged
securities; exemplary and punitive damages; and other theories of recovery. We have recovered large judgments and obtained
large settlements on behalf of plaintiffs, and obtained the dismissal of claims and suits and other favorable results for
defendants.
The litigation achievements of this office include the following
matters:
Gimbelman v. Jetwest International Air Ambulance LLC, Civil
Action No. 05-491 (2005) (U.S. District Court, District
of New Jersey) (Judge Faith S. Hochman). Action for contract damages and negligence alleged to have arisen
from provision of air ambulance in Rome, Italy; motion to change venue granted, resulting in settlement.
Fifth Avenue Presbyterian Church v. City of New York, No. 01 Civ. 11493
(U.S. District Court, Southern District of New York)
(Judge Lawrence McKenna). Complaint for injunction
under 42 U.S.C. sec. 1983, First
Amendment, due
process and New York State Constitution,
alleging interference with religious expression. Court awarded preliminary (2002) and permanent (2004) injunctions against police removal of homeless persons sleeping on church steps; injunctions upheld
by Second Circuit Court of Appeals (2002 and 2006); certiorari
denied by U.S. Supreme Court (2006). For more
information, see Recent News. 293 F.3d 570 (2d Cir. 2002); 2004 WL 2471406
(S.D.N.Y.).
Mendaros v. Wicks, No. 110444/2003, Supreme Court of the State of New York, New York County (Justice Diane Lebedeff). Obtained
summary judgment for
defendant, dismissing "heart's balm" claims of fraud, unjust enrichment, estoppel and constructive trust arising from a promise allegedly made by defendant to former girlfriend/roommate
plaintiff.
Medforms v. Health Care Management Systems, Inc.,
97 Civ. 05107 in the U.S. District Court for the
Southern District of New York (Judge William Pauley). Complaint against software marketing companies and officer alleging
infringement of copyright in computer software. Jury verdict in favor of defendants delivered (1999) after two-week trial.
Verdict upheld (2002) in a decision of
the U.S. Court of Appeals for the Second Circuit. 290 F.3d
98 (2d Cir. 2002).
Park-Lincoln & Croyle Marketing Inc. v. Coastal
Sales Associates, Inc., 99 Civ. 4583 in the U.S.
District Court for the Southern District of New York (Judge Jed Rakoff). Complaint against television marketing companies
for royalties from sale of products on QVC Network. Multi-district discovery proceedings produced evidence for the case. Two-week
bench trial resulted in judgment granting accounting relief and awarding damages to plaintiffs in the amount of $410,463.33,
cross-claim awarded for $24,694.26.
Kirby v. Coastal Sales Associates, Inc., 98 Civ.
8304 in the U.S. District Court for the Southern
District of New York (Judge Colleen McMahon). Complaint against television marketing companies for royalties from sale
of products on QVC Network. Extensive pre-trial motions won by Plaintiffs. For pretrial decisions in that case, see “For the Record”. Case settled for $215,000. 82 F. Supp.
2d 193 (S.D.N.Y. 2000); 199 F.R.D. 111 (S.D.N.Y. 2001).
Bernier
v. C.G. Jung Foundation, No. 97-103168, Supreme Court of the State of New York, New York County. Complaints against not-for-profit corporation and directors alleging dissemination of materially false and incomplete
information in proxy solicitations and seeking injunction against conveyance of property. Settlement set aside proxy vote and set rules for new
proxy campaign.
Right to Life of Dutchess County, Inc. v. Federal Election Commission,
97 Civ. 2614 in the U.S. District Court for the Southern
District of New York (Judge Sidney Stein). Complaint against federal
commission alleging First
Amendment violation in election rules restricting speech of advocacy organization. Injunction entered against commission. 6 F. Supp. 2d 248 (1998). (Local counsel.)
Bianculli
v. Bianculli, No. 95-024372, Supreme
Court of the State of New York, Nassau County (Justice Bruce D. Alpert). Complaint by mother against son for injunction against eviction and judicial rescission of agreements concerning disposition of family home. Trial court awarded partial summary judgment to plaintiff
and defendants; defendants’ judgment overturned by decision of the Appellate
Division, Second Department. Settled for life estate in newly-purchased apartment and cash. 242 A.D.2d 647, 663
N.Y.S.2d 217 (2nd Dep’t 1997).
Bothmer v Schooler, Weinstein, Minsky & Lester, No. 127894/93, Supreme Court of the State of New York, New York County. Complaint for accounting malpractice.
Defendant's summary judgment motion defeated, request for punitive damages denied
on appeal. Settled for structured settlement on confidential terms. 266 A.D.2d 154, 698 N.Y.S.2d 486 (1st Dep't
1999).
Barbeau-Hutchings Advertising, Inc. v. Crest Ultrasonic Corp.,
no. 92-5003 in the U.S. District Court, District of New
Jersey (Magistrate Judge G. Donald Haneke). Complaint for copyright infringement and breach of contract against advertising
customer. Settled on confidential terms.
Loftus v. Biopractic Co., 90 Civ. 3298 in the
U.S. District Court, Southern District of New York
(Judge Michael Mukasey). Complaint on behalf of commission sales representative against manufacturer of "Mineral Ice" for breach of contract to compensate agent fairly for services (case settled
on confidential terms).
Hosiery Manufacturing Corporation of Morganton v. Harvey, no
. 87 Civ. 1233 in the U.S. District Court for the Eastern District
of New York (Judge McLaughlin). Complaint for breach of ten-page letter agreement for purchase and sale of Parklane Hosiery
company. After summary judgment denied, see 1991 WL 159048, parties settled on confidential terms. (Case prepared while at
former firm).
Board of Education v. Bosworth, 495 N.E. 2d 601 (Ill. App. 1986). In this
case, involving a challenge to the constitutionality of the tax collection system used by the State of Illinois, Mr. Nelson
developed historical precedents and constitutional theory that showed that the tax collection system had existed for decades
and that taxpayers lacked standing to challenge the disposition of tax funds already in the hands of the State.
Pesch
v. First City Bank of Dallas, 637 F. Supp. 1530, 1539 (N. D. Tex. 1986). Litigation over transfer of pledged
securities resulted in agreement with bank preventing takeover of domestic hospital corporation by foreign corporation.
Mr. Nelson, in his former associations with Fried,
Frank, Harris, Shriver & Jacobson (New York) and Chapman and Cutler (Chicago), represented major corporations and banks in state and federal
litigations. Securities law claims predominated in the Fried, Frank practice, involving largely corporate takeover and breach-of-contract
litigation. Bank-related matters litigated in the Chicago practice included claims arising under the Illinois State Constitution and federal law from bank acting
as depositary for tax collections; entitlement to funds deriving from “corn proceeds” under UCC filing; arrest of barge as collateral for loan; defense of trustee bank against demand by trustor
seeking to substitute bond collateral; defense of savings & loan officers against FSLIC suits for breach of fiduciary duty; and other matters.
The firm's civil litigation practice is complemented by adversarial hearings and trials conducted by the firm in arbitral,
administrative, and ecclesiastical forums.
