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Overview

Charles Kellett handles a broad range of commercial litigation matters. His practice centers around professional liability matters involving attorneys, accountants, insurance producers, architects and engineers at the state and federal level. Mr. Kellett also regularly represents business entities in general liability matters, employment practices litigation, shareholder disputes and contractual litigation. In addition, Mr. Kellett has further experience representing insurers and third party administrators in disputes arising under state and federal laws, including the Employee Retirement Income Security Act of 1974 (ERISA).

Mr. Kellett clerked for the Honorable William A. Daniel, J.S.C., New Jersey Superior Court, Union Vicinage from 2009 to 2010.

 

Admissions

  • New Jersey
  • New York
  • U.S. District Court
  • U.S. Court of Appeals
    • District of New Jersey
    • Southern District of New York
    • Second Circuit
    • Third Circuit

Education

  • Seton Hall University School of Law – J.D.
  • University of Michigan – B.A.

Community Service

  • Rebuilding Together Jersey City, Inc. Volunteer
  • Multiple Myeloma Research Foundation

Reported Decisions

  • Veryzer v. Am. Int’l Life Assur. Co. of New York, 13-262-CV, 2013 WL 5733327 (2d Cir. 2013) – Obtained summary judgment on behalf of insurance company in federal court arising out of plaintiff’s multi-million dollar claim for disability benefits. Successfully argued before the court that plaintiff’s submissions regarding his alleged mercury poisoning offered no objective evidence that he suffered from demonstrable brain damage sufficient to avoid the application of the two-year mental health benefits limit. Subsequently, successfully briefed matter before the United States Court of Appeals for the Second Circuit, which affirmed the dismissal of the case.
  • Obtained dismissal in matter venued in the United States District Court for the State of New Jersey on behalf of insurance producer client in a multi-million dollar malpractice claim. Successfully argued before the court that plaintiffs’ claims fell under the purview of the Affidavit of Merit Statute and that the failure to timely file an affidavit of merit as to the individual insurance producer warranted dismissal of claims against both the individual insurance producer as well as the insurance producer’s corporate entity based upon theory of vicarious liability.
  • Obtained dismissal in New Jersey state court of multi-million dollar legal malpractice matter at the pleading stage. Successfully argued before the court that individual plaintiff did not have standing to assert claim for legal malpractice against client-attorney whose representation was limited to landlord-tenant matter where the only named defendant was individual plaintiff’s fictitious business entity. Additionally obtained dismissal on grounds that failure to raise fraud claim on individual plaintiff’s behalf in the landlord-tenant matter against the landlord did not preclude individual plaintiff from later asserting such claim under the entire controversy doctrine.
  • Obtained summary judgment on behalf of accounting firm in New Jersey state court on plaintiff’s $6 million professional negligence claim arising out of the firm’s alleged failure to detect plaintiff’s president’s ongoing fraud against the company. Successfully argued before the court that accounting firm’s disclosure of the fraud in 2004 to plaintiff’s CEO triggered the statute of limitations and that plaintiff’s claim, asserted in 2011 was beyond NJ’s six-year statute of limitations.
  • Estate of Picon v. FBR Grp., A-2305-12T3, 2013 WL 5610862 (App. Div. 2013) – Obtained summary judgment in New Jersey state court on behalf of insurance producer client in $5 million professional negligence claim arising out of plaintiffs’ sale of two insurance policies on the life settlement market. Successfully argued to the court that plaintiffs’ execution of a release at the time of the sale for “amounts arising out of the sale of the policies” applied to plaintiffs’ allegations that the insurance producer negligently advised plaintiffs to sell the subject policies. Subsequently, successfully briefed matter before the Appellate Division, which affirmed the dismissal of the case.
  • AIS Risk Consultants, Inc. v. Moffett, A-3333-10T1, 2011 WL 5137836 (App. Div. 2011) – Successfully upheld partial dismissal of claims against client actuary based upon counterclaimant/third-party-plaintiff’s lack of standing. Appellate Division held that the dismissed claim asserted against the actuary was derivative in nature, as the counterclaimant/third-party-plaintiff was only harmed in that it lost income because of the resulting insolvency of the actuary’s direct client. The remaining direct claims were reversed and remande.

Recognition

  • New Jersey Super Lawyers Rising Stars (2015 – 2016)
Super Lawyers Martindale Hubbel AV Preeminent Law 360