Donald Jacobs practices in the areas of appeals, Internet law, §1983 law, marketing law, ERISA appeals and commercial litigation.

Appeals

Don prepares appellate briefs and presents oral argument in a variety of areas, including employment discrimination, intellectual property, RICO, §1983 civil rights and consumer fraud. He was on the brief in Beck v. Prupis, a RICO case decided by the United States Supreme Court, and has argued many times before the New Jersey Supreme Court, the United States Court of Appeals for the Third Circuit, the Superior Court of New Jersey, Appellate Division, and other appellate courts. He is a former adjunct professor at Rutgers Law School, where he taught "Effective Legal Writing." Among the cases in which Don wrote briefs and presented oral argument are the following:

• Dream Builders v. Estate of Paton, No. A-0493-08T3 (App. Div. May 14, 2010) This case arose out of plaintiff's construction of an addition to defendants' home. In a counterclaim, defendants claimed violations of the New Jersey Consumer Fraud Act. The Appellate Division reversed a judgment in favor of the defendants on the CFA claim and entered judgment in favor of the plaintiff on that claim. (Budd Larner did not represent plaintiff at trial, but was retained to handle the appeal and cross-appeal.)
• Garrison v. Porch, No. 08-2453 (3d Cir. Apr. 16, 2010) In this §1983 case, the Third Circuit reversed the entry of summary judgment against plaintiff, who claimed that a police officer used excessive force when arresting him. The district court held that because plaintiff pled guilty to simple assault and resisting arrest, recovery on his §1983 claim was precluded by the Supreme Court’s decision in Heck v. Humphrey, which held that a plaintiff may not recover damages under §1983 if doing so would imply the invalidity of a prior conviction. In reversing, the Third Circuit concluded that although plaintiff acted in an unruly and threatening manner, the police officer “was still constrained to use only the level of force which was reasonable to bring [plaintiff] into custody.” Furthermore, because plaintiff’s claim arose from the officer’s use of excessive force in response to the simple assault committed by plaintiff, the fact that plaintiff did not claim self-defense in connection with the assault charge was irrelevant. Also irrelevant was “the theoretical availability of a self-defense claim in other simple assault cases.” (Budd Larner was retained of counsel to prepare the appellate briefs and to argue the appeal on behalf of plaintiff.)
• Yousef v. General Dynamics Corp., No. A-0391-09T1 (App.Div. Mar. 3, 2010), lv. to appeal granted (N.J. May 7, 2010) In this appeal, the Appellate Division affirmed a judge’s denial of a motion to dismiss on forum non conveniens grounds. The case involves personal injury and loss of consortium claims asserted by New Jersey residents against a Florida resident and an American corporation arising from a motor vehicle accident in South Africa. After weighing the relevant factors, the Appellate Division concluded that the judge did not abuse his discretion in denying defendants’ motion to dismiss “notwithstanding the difficulties that may be encountered in accessing evidence in South Africa and notwithstanding defendants’ apparent inability to assert a claim against the municipality in which the accident occurred.” (Budd Larner was retained of counsel to prepare the appellate brief and to argue the appeal on behalf of plaintiffs.)
• Wingmaster Plus, Inc. v. Meserlian, No. A-2144-04T3 (App. Div. 2006). The Appellate Division reversed a judgment entered after a jury trial and held that defendants were entitled to judgment on plaintiff's claims of trademark infringement, counterfeiting and unfair competition under the Lanham Act and on plaintiff's claim of unfair competition under state law. Click here for Unpublished Decision. (Budd Larner did not represent defendants at trial but was retained to handle the appeal and cross-appeal.)
• Rosen Associates Management Corp. v. Bruckner Plaza Associates, 743 N.Y.S.2d 282 (N.Y.A.D. 2d Dept. 2002). The New York Appellate Division, Second Department, affirmed a judgment in favor of defendants in an action for brokerage commissions and other damages.
• Mogull v. CB Commercial Real Estate Group, Inc., 319 N.J. Super. 53 (App. Div. 1999), rev'd in part and remanded in part, 162 N.J. 449 (2000), rev'd and remanded as to punitive damages, No. A-4501-96T1 (App. Div. 2000), certif. denied, 165 N.J. 607 (2000). The Appellate Division reversed a $5 million punitive damage award against an employer in a sex discrimination case arising under the New Jersey Law Against Discrimination. Click here for Unpublished Decision. (Budd Larner did not represent defendants at trial but was retained to handle the appeal and cross-appeal.)
• Shovlin v. University of Medicine and Dentistry of New Jersey, No. 98-6346 (3d Cir. 1999). The United States Court of Appeals for the Third Circuit affirmed summary judgment in favor of a university official in a §1983 civil rights action involving alleged violations of First Amendment rights.
• General Motors Corp. v. City of Linden, 143 N.J. 336, cert. denied, 519 U.S. 816 (1996). The New Jersey Supreme Court held that General Motors could not maintain a §1983 action against a city and its tax assessor for allegedly unconstitutional tax assessments.

§1983 Law

Don represents parties in actions filed under 42 U.S.C. §1983, a federal statute that permits recovery for violations of constitutional rights. Don has prepared motions to dismiss, motions for summary judgment and appeals in such cases, has presented oral argument in state and federal court, and has negotiated settlements.

Marketing Law

For clients in the direct mail industry, Don reviews promotions for compliance with applicable law, responds to problems that arise with the US Postal Service and state attorneys general, and handles litigation. Besides selling merchandise, Don’s clients have offered sweepstakes, telephone trivia games and puzzle contests.

Don reviews Internet promotions for compliance with applicable law, writes sweepstakes rules and terms and conditions to effectuate client concepts, drafts and negotiates contracts, and addresses privacy, trademark, copyright, customer service and other issues.

ERISA Appeals and Litigation

The intricate statutory and regulatory scheme governing ERISA-regulated benefits plans can be daunting to the uninitiated employee, beneficiary or attorney. Don has thoroughly researched and written about the Department of Labor regulation that permits appeals from denials of benefits. He is experienced in preparing ERISA appeals and in challenging denials of such appeals in federal court, paying particular attention to the consequences of any non-compliance with the applicable procedural regulation.

General Litigation

Don handles commercial litigation matters involving RICO, trademarks, discrimination, contracts and other issues. He is experienced in writing briefs at all stages of trial court litigation. For example, in Jazz Photo Corp. v. Imation Corp. -- a federal case in which Budd Larner's client obtained a settlement of more than $26 million -- Don wrote or oversaw the preparation of more than 30 briefs, addressing discovery, summary judgment, evidentiary and appellate issues. See also Good 'N Natural v. Nature's Bounty, Inc., 1990 WL 127126 (D.N.J. 1990) (granting summary judgment to defendant in trademark infringement action under Lanham Act).