Joshua Zielinski has a wide range of trial and appellate experience, having successfully tried jury and non-jury trials to verdict or judgment.

Mr. Zielinski has successfully argued appeals before state and federal appellate courts, including the United States Court of Appeals for the Third Circuit, the New York Appellate Division, and the New Jersey Appellate Division. His practice includes the litigation of complex commercial disputes in federal and state courts throughout the United States involving limited liability companies, partnership disputes, corporate governance, dissolution of partnerships and limited liability companies, breach of fiduciary duties, the priority of security interests, and liens and breach of contract. He has also successfully prosecuted multi-million dollar claims in private arbitration.

Mr. Zielinski has experience litigating varied real-estate related claims, including mortgage-backed securities, mortgage put-back claims, the priority of mortgages, redevelopment projects, and the dissolution of businesses owning real estate.

Mr. Zielinski also possesses extensive experience representing public entities and clients before public entities. On the public side, he is the Township attorney for Vernon, New Jersey. Mr. Zielinski has also served as special counsel for the Township of West Caldwell, Hillside Township. and Rockaway Township. He regularly appears before planning boards, zoning boards, and other governmental entities on behalf of his clients. He has successfully guided clients through New Jersey’s byzantine approval process and is well-versed in New Jersey’s redevelopment law and the redevelopment process. Mr. Zielinski is a contributing author to the New Jersey Local Government Deskbook.

Matters

  • Obtained multi-million dollar recovery for client in private arbitration.
  • Successfully defended attorney in jury trial alleging legal malpractice as a result of conflicts of interest in commercial lending transactions and construction projects. Legal malpractice claims dismissed and settled for de minimis value.
  • Air & Power Transmission, Inc. v. Weingast, 992 N.Y.S. 2d 46, 120 A.D. 3d 524 (App. Div. 2nd Dep’t 2014). Successfully defended insurance company against claims of fraud, breach of fiduciary duty, breach of New York General Business Law 349 and negligence in connection with the sale of a Single Employer Trust Employee Welfare Benefit Plan (“BETA Plan”).
  • Mass OP, LLC v. Principal Life Ins. Co., 951 N.Y. S. 2d 900, 99 A.D. 3d. 870 (App. Div. 2nd Dep’t 2012). Successfully defended lender against claims of fraud in connection with the $65,000,000 refinancing of a shopping mall in Massapequa, New York.
  • Marjam Supply Co. v. Columbia Forest Prods. Corp., 2012 N.J. Super. Unpub. Lexis 2723 (2012). Represented largest manufacturer of plywood and hardwood products in North America in dispute against distributor.
  • Miller v. Fortis Benefits Ins. Co., 475 F.3d 516 (3rd Cir. 2007). Successfully defended dismissal of lawsuit brought under ERISA before the Third Circuit Court of Appeals.
  • Romagnola v. Gillespie, Inc., 194 N.J. 596 (2007). Successfully prosecuted breach of asset purchase agreement and employment agreement at trial. Successfully prosecuted issues on appeal before New Jersey Supreme Court.
  • Nascimento v. King, 381 N.J. Super. 593 (App. Div. 2005). Successfully vacated judgment entered after arbitration and then obtained no cause verdict at trial.

Honors & Awards

  • Super Lawyers Rising Stars (2006-2014)

Memberships & Affiliations

  • American Bar Association
  • New Jersey State Bar Association
  • Essex County Bar Association

Clerkship

  • Hon. Ronald B. Graves, J.S.C.