Civil Litigation

The Law Office of Michael D. Mirne, L.L.C. handles a wide variety of business and contract dispute litigation in Monmouth, Ocean and Middlesex Counties. Our representation has included the following types of matters:

  • Defense of Mold Litigation - One of our firm’s primary practice areas is representing landlords in eviction actions. However, it is becoming increasingly more prevalent for tenants who were evicted to later complain about mold infestation. Whether the claim is legitimate or frivolous, a landlord’s exposure for liability is extremely large. Typically, the landlord’s insurance policy may include coverage for mold suits, in which case, the insurance company will provide representation in Defense of the suit. However, due to a common loophole in most insurance policies, the insurance company is not required to provide any coverage for a claim by a tenant who is seeking reimbursement of rent. While claims for return of rents are based upon the same facts as a negligence action, insurance companies view them as contractual claims, and they do not provide coverage. Consequently, our firm is routinely brought in a co-counsel to defend the contractual component of these claims, and to ensure that any liability that is determined to exist is classified as a negligence claim, so that the client will not incur any out-of-pocket expense in paying a settlement. Thus far, our clients’ total contractual liability for mold actions in which we have been involved is $0.00! We are very proud of this success rate.
  • Construction Suits – Since 2002, our office has been representing both contractors and property owners in suits involving construction. Whether it is a large construction project, or a small home renovation project, it is very often the case that a major dispute arises before the construction is complete. Sometimes these disputes can be resolved amicably, and without the need for litigation. Unfortunately, however, there are instances when the construction cannot be completed due to a complete disagreement between the parties. Our office has handled dozens of disputes on behalf of contractors, home owners, and commercial property owners.
  • Defense of Beg Bug Litigation – Over the past 5 years, the number of suits alleging bed bug infestation has increased dramatically. To add insult to injury, it is often the person who is alleging the bed bug infestation who caused the problem in the first place. As with suits for mold exposure, the landlord’s insurance policy may include coverage for bed bug suits. However, when no coverage is provided in the policy, our firm has been retained to represent the landlord or property owner in defense of the suit. On occasion, our firm will also represent the tenant in this type of action. In our most recent case representing a tenant, we won a $20,000 settlement for the tenant.
  • Property Damage Litigation – In conjunction with our work representing landlords, we are often called to defend or prosecute an action alleging that property has been damaged. In a recent case, one of the property owners we represent was being sued for allegedly cutting down the trees on a neighboring property. We successfully defended that suit and the matter was dismissed.

Prior to trial, we will thoroughly research every option and solution and explore every avenue to resolve your differences as effectively and efficiently as possible. In the event that trial of your matter is inevitable, our office has the resources to thoroughly research and prepare your case, conduct discovery and handle your matter at trial. We are also aware that, very often, Defendants will try to hide or dispose of assets to avoid paying their judgments. We are partnered with agencies who are skilled in tracking down assets and finding Defendants to enforce judgments we obtain against them.