Trial Practice

• Civil Rico: Trial Victory

  We succeeded in getting all fraud and racketeering charges dismissed against an international franchisor and its CEO. The case was litigated for a number of years during which Plaintiffs pursued Civil…
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  Civil Rico: Trial Victory
  We succeeded in getting all fraud and racketeering charges dismissed against an international franchisor and its CEO. The case was litigated for a number of years during which Plaintiffs pursued Civil RICO (racketeering) and fraud claims against the franchisor. The allegations involved the franchisor's sales practices used in persuading individuals to buy a retail store franchise. Not only were the Plaintiffs seeking a multi-million dollar award, the Federal Trade Commission was monitoring the case regarding the sales practices allegations.

  Quadrino Schwartz was hired to take over the case and conduct the trial. In a mere six weeks, we developed a strategy for the trial and briefed all of the complex legal issues under federal RICO and Georgia law. We conducted a two-week trial in federal court with 22 witnesses. We took apart the Plaintiff's case and their experts and obtained a verdict completely absolving our clients -- the CEO and the entire company -- of all liability. The jury found no evidence of fraud or racketeering, and the complaint was dismissed.

• Securities Fraud: Acquittal of Hedge Fund Owner

  The owner of a hedge fund was accused of raising capital for his fund through the use of fraudulent letters to investors. While several attorneys told the client that his days were numbered and that he…
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  Securities Fraud: Acquittal of Hedge Fund Owner
  The owner of a hedge fund was accused of raising capital for his fund through the use of fraudulent letters to investors. While several attorneys told the client that his days were numbered and that he would be convicted and serve substantial jail time, Bruce Barket took the case to trial and won the man his freedom.

  The case involved invested funds lost in a fraudulent scheme by a third party, mounting losses by the fund, and efforts by the hedge fund owner to acquire additional funds to recoup losses to make his clients whole. Despite his efforts, the fund failed and a number of high profile investors went the FBI, who arrested the hedge fund owner and commenced a prosecution.

  The U.S. Attorneys Office pressed forward with what they and other observers believed to be a very strong case. However. Mr. Barket's strategic approach and courtroom prowess revealed numerous flaws in the prosecutor's case. Several of the victims withered under cross examination by Barket.

  The jury acquitted the client of all charges.

• Destruction of French Provincial Mansion: Verdict for Plaintiff

  A millionaire Wall Street tycoon hired us to go to trial against two insurance companies refusing to pay for the complete destruction of his home. The mansion was under restoration and a subcontractor…
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  Destruction of French Provincial Mansion: Verdict for Plaintiff
  A millionaire Wall Street tycoon hired us to go to trial against two insurance companies refusing to pay for the complete destruction of his home. The mansion was under restoration and a subcontractor caused a fire that completely demolished the premises.

  Partner Richard Quadrino re-investigated the case, shifted the strategy being employed by the prior attorneys, and forged ahead to trial. Through cross examination of various witnesses, legal briefing to the judge, and persuasion of the jurors, a critical verdict was obtained for the client. Due to subrogation issues and the exhaustion of certain proceeds of one of the insurance policies involved, a verdict against the general contractor was a necessary element of the victory.

  In the damages phase, the Defendants challenged nearly every item of the many millions it took to rebuild the mansion. Quadrino effectively sifted through the fog of Defendant's tactics, cross examined and discredited their experts, and persuaded the jury to award all of the millions of dollars sought.

• Acquittal of Murder:  Involving the FBI, the Mafia and More . . .

  Mr. Barket represented a client accused of a 1989 murder, for which he was arrested many years later. The case involved FBI agents and mafia figures in a dramatic alleged shooting of a Brooklyn teenager.…
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  Acquittal of Murder:  Involving the FBI, the Mafia and More . . .
  Mr. Barket represented a client accused of a 1989 murder, for which he was arrested many years later. The case involved FBI agents and mafia figures in a dramatic alleged shooting of a Brooklyn teenager. Barket proclaimed that his client was wrongfully arrested and charged with the murder, and he proceeded to trial.

  The local media in New York covered the trial, publishing cross examination exchanges between Mr. Barket and the witnesses for the prosecution. The strategy, tenacity and skill employed by Barket proved his client's innocence of the charges and he won the trial, obtaining a complete acquittal and dismissal of the murder charges.

• Lawyer Sued For Fraud: Verdict Dismissing the Case

  An attorney sought Quadrino Schwartz to conduct a trial against him in which he was accused of engaging in a fraudulent real estate scheme. From the beginning, he had handled the case himself, but when…
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  Lawyer Sued For Fraud: Verdict Dismissing the Case
  An attorney sought Quadrino Schwartz to conduct a trial against him in which he was accused of engaging in a fraudulent real estate scheme. From the beginning, he had handled the case himself, but when it came to the trial, he wanted Richard Quadrino.

  There were several experts, mortgage brokers, and other lawyers as witnesses. After evaluating the cast of characters and the nature of the case, Quadrino first decided that the case was better evaluated by a judge, rather than a jury. He successfully switched tactics, late in the game, and got the case to be heard by a judge.

  After filing a persuasive legal brief prepared by the team members at Quadrino Schwartz, Mr. Quadrino set out to dismantle the case against his client. Through various techniques he was able to convince the judge that the entire case needed to be thrown out. The judge wrote an opinion that was featured on the front page of the New York Law Journal.

• Months of Hearings in the Courtroom Clear Marty Tankleff of Double Homicide

  Bruce Barket and a team of dedicated lawyers obtained the long-awaited dismissal of the double homicide case against Martin Tankleff, who had been convicted and jailed for nearly 20 years for the murder…
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  Months of Hearings in the Courtroom Clear Marty Tankleff of Double Homicide
  Bruce Barket and a team of dedicated lawyers obtained the long-awaited dismissal of the double homicide case against Martin Tankleff, who had been convicted and jailed for nearly 20 years for the murder of his parents on Long Island in 1988.

  A central factor in obtaining Mr. Tankleff's freedom -- and the dismissal of his case -- was the courtroom performance of Bruce Barket. He meticulously picked apart the testimony of police witnesses and others and took apart a case that had been sustained after a conviction by jury and affirmed in 3 appeals courts.

  The Attorney General agreed with Mr. Barket and the trial team that the murder indictments should be dismissed and no new trial conducted. The dismissal of the case marked an end to the nearly 20-year odyssey of Mr. Tankleff, who spent nearly two decades in jail, all the while maintaining his innocence. Mr. Barket was hired in 2003 and spent over 5 years proving Mr. Tankleff’s innocence.

• Politician Defamed Regarding Favors For Campaign Contributions:  Barket Gets Verdict in His Favor

  When an upstate New York politician lost an election, he sued a man for spreading lies about him prior to the election. The allegations were that the politician voted for bills in the Legislature that…
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  Politician Defamed Regarding Favors For Campaign Contributions:  Barket Gets Verdict in His Favor
  When an upstate New York politician lost an election, he sued a man for spreading lies about him prior to the election. The allegations were that the politician voted for bills in the Legislature that were backed by his campaign's contributors.

  Bruce Barket was brought in to conduct the trial. He sized up the legal claims and the evidence, shifted the strategy previously employed by other lawyers, and cleared through the brush of legal issues and distractions. After re-arranging the legal claims, he proceeded to trial.

  While the evidence revealed that the client did indeed vote for legislation favored by those who paid him campaign contributions, Barket's cross examination of the Defendant and other tactics employed by him persuaded the jury to vote in the client's favor, declaring that he was defamed by false statements. The case then settled for an undisclosed sum.

• Spoliation of Evidence:  Fraud Case Dismissed

  We successfully represented the Defendant, who is an attorney and accountant, in the litigation, at the trial, and on the appeal, in a fraud and breach of fiduciary duty case. A former business associate…
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  Spoliation of Evidence:  Fraud Case Dismissed
  We successfully represented the Defendant, who is an attorney and accountant, in the litigation, at the trial, and on the appeal, in a fraud and breach of fiduciary duty case. A former business associate pursued years of litigation against our client, claiming that he mismanaged the company and committed fraud upon in his separation agreement.

  We filed a motion prior to trial seeking the exclusion of certain evidence due to Plaintiff's destruction of computer records that were needed to defend our client. The Court not only excluded the evidence, but dismissed several of the legal claims. We then walked out of the trial with our client as it proceeded against other parties. The other side appealed, but we also won on appeal, affirming the legal principles regarding "spoliation" of evidence.

• Acquittal:  Multiple Shootings

  Mr. Barket's client was accused of shooting 2 money couriers, a retired police officer, and a fire fighter. The client was identified by several eyewitnesses, but Mr. Barket was able to shake their testimony…
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  Acquittal:  Multiple Shootings
  Mr. Barket's client was accused of shooting 2 money couriers, a retired police officer, and a fire fighter. The client was identified by several eyewitnesses, but Mr. Barket was able to shake their testimony and win the case completely, with all 10 counts dismissed against the client.

• $5 Million Verdict For Orthopedic Surgeon

  Partners Richard Quadrino and Bill O’Mahony obtained a verdict worth over $5 million in an insurance lawsuit by an orthopedic surgeon. The case involved 10 years of litigation, and Quadrino Schwartz…
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  $5 Million Verdict For Orthopedic Surgeon
  Partners Richard Quadrino and Bill O’Mahony obtained a verdict worth over $5 million in an insurance lawsuit by an orthopedic surgeon. The case involved 10 years of litigation, and Quadrino Schwartz was brought into the case in later stages to take over from other lawyers and then try the case.

  In the 3-week trial, Quadrino and O’Mahony called many of the insurance company’s own witnesses, discrediting them before the jury. The defense expert was taken apart on cross examination, and a surprise witness and revised strategy also helped carry the day for the client.

  The verdict was upheld by a New York appeals court. The judges on the panel agreed with the jury that our client was totally disabled, within the meaning of his insurance policies, despite the fact that he earned $900,000 in his first year of disability, working in his office as a non-surgical orthopedist. Defendant Unum was ordered to pay nearly $3 million in past due benefits, with interest, and will be paying our client over $2 million in future benefits.

• Double Homicide:  Acquitted at Trial

  A man "confessed" to running down two rival gang members with his car, killing both men. An extensive written confession, signed by the accused, was produced by the police. Barket took the case to trial.…
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  Double Homicide:  Acquitted at Trial
  A man "confessed" to running down two rival gang members with his car, killing both men. An extensive written confession, signed by the accused, was produced by the police.

  Barket took the case to trial. He tore apart the alleged confession, showing numerous irregularities with the Spanish interpretation allegedly performed by the detectives. He also hired experts to testify about the accident scene, showing how there was proof that the incident was an accident.

  The jury acquitted the client of the murder charges and the client was immediately released from jail for time served on a lesser charge of criminal negligence.

• Complete Victory in Trial Decision by Federal Judge on Franchise Case

  After obtaining summary judgment for an international franchisor client, we took the damages phase to trial. Partner Richard Quadrino conducted the trial. The Defendant raised numerous legal issues that…
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  Complete Victory in Trial Decision by Federal Judge on Franchise Case
  After obtaining summary judgment for an international franchisor client, we took the damages phase to trial. Partner Richard Quadrino conducted the trial.

  The Defendant raised numerous legal issues that he contended precluded an award of damages. Quadrino successfully fought back on the legal issues, effectively cross examined the Defendant, discredited the accounting tabulations by the adversary, and convinced the federal judge to award all of the damages sought by our client.

• 1st Degree Murder:  Not Guilty

  In a highly publicized case, Mr. Barket took on the prosecution in a 1st Degree murder case. Barket claimed that the police and prosecutors had the wrong man and he set out to prove it. At trial and through…
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  1st Degree Murder:  Not Guilty
  In a highly publicized case, Mr. Barket took on the prosecution in a 1st Degree murder case. Barket claimed that the police and prosecutors had the wrong man and he set out to prove it.

  At trial and through further investigation, Barket uncovered misconduct in the procedure by which the client was identified at a lineup. He even accused a prosecutor of being involved in the misconduct.

  The jury agreed with Barket and acquitted the client. A subsequent civil lawsuit was also successfully brought and settled by Barket for the jailing of the client and the violation of his constitutional rights.

• Real Estate Broker Trial:  Verdict For Plaintiff in Sale of Medieval Castle

  We represented a prominent real estate broker in The Hamptons in a lawsuit against her former employer, a well-known East End firm. Another attorney had conducted the litigation, but we were hired to try…
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  Real Estate Broker Trial:  Verdict For Plaintiff in Sale of Medieval Castle
  We represented a prominent real estate broker in The Hamptons in a lawsuit against her former employer, a well-known East End firm. Another attorney had conducted the litigation, but we were hired to try the case.

  Richard Quadrino tried the case for the client. Intense issues of credibility swirled around an oral agreement involving the sale of a medieval style castle with a big price tag -- and a big commission. Through a revised legal strategy, different from that of the prior lawyer on the case, and intense cross examination of the Defendant's star witness, Quadrino prevailed in obtaining a recovery for the client.

• Murder and Assault:  Not Guilty

  A man who was accused of shooting two brothers, killing one, hired Barket to represent him. There were 5 prosecution witnesses saying that the client was the shooter. The prosecution also had an alleged…
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  Murder and Assault:  Not Guilty
  A man who was accused of shooting two brothers, killing one, hired Barket to represent him. There were 5 prosecution witnesses saying that the client was the shooter. The prosecution also had an alleged "confession" to the client's friend.

  Once again, Barket pressed forward to trial, cross examining witnesses and hitting back at the prosecution. Despite what appeared to be a mountain of evidence, Barket prevailed, gaining not guilty verdicts for the client on all charges.

• Insurance Trial Regarding Undercover Sting Operation:  $1 Million Verdict For Plaintiff

  Our client had been a successful licensed hypnotherapist for many years. He developed and was diagnosed as suffering from severe depression and other mental disorders. He applied for benefits under his…
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  Insurance Trial Regarding Undercover Sting Operation:  $1 Million Verdict For Plaintiff
  Our client had been a successful licensed hypnotherapist for many years. He developed and was diagnosed as suffering from severe depression and other mental disorders. He applied for benefits under his long-term disability policy (own occupation - a critical legal distinction) and received disability benefits for seven years.

  While on disability, he began writing a newsletter, as a food and wine critic, which he circulated to family and friends and posted on an Internet website. Nonetheless, his mental illness continued, and he spent only 10% percent of his time as a food critic. His combination of depression, anxiety and obsessive compulsive behavior otherwise left him barely functional and essentially homebound.

  The insurance company set up a sting operation. They invited our client to dinner to discuss his availability as a restaurant consultant and secretly videotaped him during the meeting. His benefits were then cut off, and the company attempted to have him criminally prosecuted for insurance fraud by the Manhattan District Attorney’s office.

  Quadrino Schwartz represented him in both the active criminal investigation and in the trial of the civil action against the insurance company. We succeeded on all fronts: we won the trial, the insurance company paid our client a large cash settlement, and the District Attorney’s office promptly closed its investigation.

• 8 Against 1: Odds That Barket Can Beat

  In a personal injury case, a severely injured fireman was pitted against his colleagues at the firehouse who feared losing their jobs if the truth were revealed regarding the accident. Bruce Barket's job…
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  8 Against 1: Odds That Barket Can Beat
  In a personal injury case, a severely injured fireman was pitted against his colleagues at the firehouse who feared losing their jobs if the truth were revealed regarding the accident.

  Bruce Barket's job was to try the case. He had 8 firemen all testifying against his one client. But through his time-tested cross examination techniques, Barket was able to show the jury that all 8 men were lying and that his client was telling the truth. Result? Verdict in the client's favor.

• Insurance Trial: Verdict Obtained After Appeal

  After an extended legal battle, Quadrino Schwartz obtained an important ruling from a New York appeals court against disability insurer First Unum. The Quadrino Schwartz client kept the faith over the…
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  Insurance Trial: Verdict Obtained After Appeal
  After an extended legal battle, Quadrino Schwartz obtained an important ruling from a New York appeals court against disability insurer First Unum. The Quadrino Schwartz client kept the faith over the years and has now obtained true justice after years of bad faith litigation by First Unum.

  First Unum stopped paying monthly benefits to our client, a former dental hygienist who suffered from carpal tunnel syndrome in both wrists and other nerve damage in her arm. First Unum's own doctors and an independent physician both agreed that she had the conditions and that they were indeed disabling, despite the fact that an invasive nerve test did not show positive results. A second nerve test would not have changed the diagnosis, but First Unum insisted upon it and terminated the benefits as a strong-arm tactic, believing that it could force the client into doing things that were unfair, unwarranted, and irrelevant.

  Quadrino Schwartz vigorously fought back on her behalf, seeking to not only establish her disability but to set and enforce the ground rules to be followed under disability insurance contracts. After a trial without a jury, the judge believed that the client should have undergone the test, but he repeatedly failed to indicate what the consequences should be and refused to render a verdict as to the ultimate issue of disability. Quadrino Schwartz disagreed with the ruling and pressed forward with an appeal in the Appellate Division of the Supreme Court.

  The appeals court found that First Unum acted unreasonably and was breach of the contract of insurance. The court also noted that First Unum could not terminate or suspend benefits, in breach of the contract's terms, and then, while it was in breach, make demands upon its client, the insured disabled person. And then, in an unusual move urged by Quadrino Schwartz, the court decided to not send the disability issue back to the trial judge. Instead, the appeals court decided that the client was so obviously disabled based upon all of the evidence at the trial. First Unum was ordered to pay all of the long overdue disability benefits, plus interest on the overdue amounts over the years.

• Shotgun Murder:  Acquittal at Trial

  Mr. Barket was hired to represent a man accused of using a shotgun to kill a man to whom he owed money. The prosecution had a confession and claimed to have a solid case. Barket forged ahead to trial,…
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  Shotgun Murder:  Acquittal at Trial
  Mr. Barket was hired to represent a man accused of using a shotgun to kill a man to whom he owed money. The prosecution had a confession and claimed to have a solid case.

  Barket forged ahead to trial, cross examining the witnesses against his client and taking apart the prosecutor's theories. the jury deliberated after hearing Barket's summation of the evidence and returned with a verdict of not guilty. Case dismissed.

• Property Damage Liability Litigation: Success on Damages Trial & Appeal

  We recovered a substantial sum for a commercial tenant from its negligent landlord who caused complete destruction of our client's business inventory in a retail store. Quadrino Schwartz vigorously pursued…
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  Property Damage Liability Litigation: Success on Damages Trial & Appeal
  We recovered a substantial sum for a commercial tenant from its negligent landlord who caused complete destruction of our client's business inventory in a retail store. Quadrino Schwartz vigorously pursued and obtained a default judgment against a commercial landlord for extensive property damage to our client's business premises. Since the client's insurance policy was rescinded, we needed to find another way to obtain a result for the client. The court awarded our client a judgment. We then needed to prove all of the damages at a trial against the commercial landlord. We succeeded in obtaining a complete verdict as to the amount sought. The landlord appealed, but the appeals court upheld the judgment against the landlord and our client was paid in full for all of his damages.