Administrative Law – HAMP Program – successfully challenged the USDA’s imposition of substantial Civil Monetary Penalty (CMP) against the owner of a grocery store in Essex County.
Landlord/Tenant – Illegal Apartment – successfully defended Landlord against lawsuit filed by Tenant in an illegal basement apartment in Essex County.
Education – successfully appealed and challenged a finding by the Education Testing Service (ETS) that a client had improperly achieved a high score on the SAT. ETS claimed the SAT score was the product of cheating; Matthew Fredericks filed an appeal and the finding by the ETS was overturned and the SAT score was upheld.
Premises Liability – successfully defended multiple property owners against various slip-and-fall lawsuits.
Administrative Law – effectively negotiated amicable resolutions of various Notices of Violation (NOV) issued by the New Jersey Department of Community Affairs; Matthew Fredericks has represented home improvement contractors, fitness center operators, and other business owners in defense of NOVs.
Foreclosure – Sheriff’s Sale – In re Connors, 497 F3d 314 (3d Cir. 2007): In Connors, Matthew Fredericks represented the successful third party bidder at Sheriff’s sale. The homeowner filed a bankruptcy petition; Mr. Fredericks filed a motion to lift the bankruptcy stay and allow the Sheriff’s Deed to be delivered. The Court of Appeals followed the “Gavel Rule”, holding that a homeowner cannot cure a mortgage default beyond the day of the foreclosure sale. As a result, Mr. Fredericks’ client received the Sheriff’s Deed.
Unclean Hands – Hageman v. 28 Glen Park Assoc., LLC, 402 N.J. Super 43 (Ch. Div. 2008): In this case a foreclosed homeowner brought an action against the third party bidder at Sheriff’s sale. Matthew Fredericks filed a motion to dismiss the homeowner’s Complaint prior to trial. The Court granted the motion and dismissed the homeowner’s action, holding that the homeowner, who had initially obtained a stay of the foreclosure sale based upon false statements to the Court, was precluded by the Doctrine of Unclean Hands from maintaining an action against the third party bidder.
Strategic Environmental Partners, LLC v. New Jersey Dept. of Environmental Protection, 438 N.J. Super. 125 (App. Div. 2014). Matthew Fredericks represented a property owner appealing from an Emergency Order issued by the Commissioner of the New Jersey Department of Environmental Protection (“NJDEP”) pursuant to which the NJDEP forcibly seized private property. The New Jersey Appellate Division vacated the Emergency Order, holding that the NJDEP lacked authority to seize private property without a Court Order.