Major Victories

On August 17, 2010, the Judd Burstein, P.C., won summary judgment on behalf of former heavyweight champion, John Ruiz, against the promoter, Sauerland Event GMBH. The Federal District Court held as a matter of law that Sauerland breached its agreement with Ruiz by withholding $222,225 from his purse in connection with a title fight. The court directed entry of judgment against Sauerland Event GMBH in that amount, plus interest.


Judd Burstein, P.C., recovered over $5.1 million, minus attorney's fees and expenses, for the board of managers of an upscale condominium. The Board had sued, among others, the sponsor of the project and the construction manager for failing to deliver the building as promised. After securing a settlement of more than $1.9 million with a number of defendants, the firm proceeded to trial against the construction manager, and on May 9, 2007, won a $2+ million jury verdict in the litigation. Not content with the $2+ million dollar verdict, the firm successfully appealed to the First Department a ruling by the Lower Court that had prevented the Board from putting proof into evidence related to the Board's future damages. As a result of the firm's successful appeal, the Board had the right to proceed with a remand trial seeking the additional damages. Simultaneously with the appeal, Judd Burstein, P.C., on behalf of the Board, commenced an insurance coverage suit in federal court to collect the $2+ million jury award from the construction manager's insurance company who had declined to cover the award. The firm settled both cases on February 16, 2010, with the insurance company agreeing to pay the Board $3.2 million.


In October 2008, Judd Burstein, P.C., won a rare award of summary judgement in the Surrogate's Court of New York County, dismissing objections to probate brought by the two children of the decedent, John B. O'Donnel. While the daughters enlisted an expert witness to support their objection that their father lacked capacity to execute a will, among other claims, the court rejected all of those arguments as a matter of law.


In September 2008, the firm obtained a rare finding of contempt of Court against a nonparty citizen of a foreign country who had been served with a subpoena in a litigation venued in the United States District Court for the District of Nevada. In holding the nonparty in contempt, the Court found that "Beltran has not made a good faith effort to comply with the clear terms of the June 22, 2007 subpoena, compliance with which this court ordered on February 12, 2008. Beltran's conduct, as demonstrated by his inadequate and evasive responses and explanations during the April 11, 2008 deposition, belies his insistence that he responded dilligently." As a result of the contempt finding, the Court further ordered the nonparty to pay attorneys' fees and costs incurred in moving for contempt, taking the wittnessess's deposition, and preparing for and participating in the contempt hearing.


In August 2008, in return for JBPC withdrawing a pending motion for sanctions, the law firm Dreier LLP voluntarily dismissed claims that it had brought against JBPC's client, legendary Hollywood entertainment laywer Bertram Fields, arising from the refusal of Field's client, Judith Regan, to pay fees that Dreier claimed she owed them.