Courtney E. Darmofal

Partner

Experience

Courtney E. Darmofal focuses her practice on counseling and defending clients in complex commercial litigation and product liability matters. She is also a member of the firm’s Real Estate Litigation and Title Disputes practice group, representing clients on a wide array of claims in the real-estate arena. As staff counsel for a leading insurance carrier, Courtney practiced personal injury and subrogation defense, successfully resolving more than 100 cases through motion practice and negotiation. She also gained experience in private practice as a litigation attorney, and as a law clerk to the Hon. J. Randall Corman in the New Jersey judiciary.

Related Areas

Commercial Litigation and Arbitration Real Estate Litigation and Title Disputes

Experience Highlights

Obtained summary judgment on behalf of a leading wholesale club in a matter related to an incident in the parking lot outside the store. Argued the co-defendant/landlord was contractually responsible for maintaining the parking lot and for defending and indemnifying the wholesale club. Sent request for tender and a defense to co-defendant/landlord. The court granted our motion, ordering that co-defendant/landlord defend and indemnify our client, name the client as an additional insured on their insurance policy, and reimburse the client for all legal costs.
Achieved voluntary dismissal by plaintiff on behalf of a major housing lender. Plaintiff alleged a series of conversion claims regarding personal property left in a home purchased by our client in a foreclosure sale following lawful eviction in which plaintiff claimed punitive damages and Consumer Fraud Act violations. Argued the plaintiff did not plead sufficient facts to support a claim for conversion, fraud, or that the conversion claim constituted a violation of the Consumer Fraud Act.
Produced a favorable global settlement on behalf of a major housing lender with no monetary contribution from the client. The plaintiff, a unit owner in a condominium, alleged our client and the other unit owners in the building failed to maintain the building’s plumbing system, causing damage to the plaintiff’s unit. Argued the plaintiff was statutorily barred from seeking relief against individual unit owners under the New Jersey Condominium Act, and that the condominium association is responsible for maintaining the common elements under their bylaws.
Obtained summary judgment on behalf of a national retailer in connection with the plaintiff’s purchase of windows from retailer. The plaintiff alleged a breach of warranty, arguing that he purchased windows from retailer, received the wrong specifications, returned the windows to the retailer, and that the window manufacturer did not properly correct the order in a timely matter, causing him alleged six-figure damages in connection with delayed sale of a home in which the windows were to be installed.
Represented a national mortgage company/major housing lender with a claim in the Western District of North Carolina, arguing that plaintiff had no standing to file a RESPA claim, and that the national mortgage company had no liability under RESPA as it was not considered as “servicer.” Further, argued national mortgage company/major housing lender was not a “lender” within the context of TILA, and that the quiet title action was moot. A disclaimer of interest was submitted, resulting in the plaintiff voluntarily dropping her claim against the major housing lender.
Represented a major housing lender with a claim stemming from a Superior Court foreclosure action in the U.S. District Court for the District of Connecticut. Filed a motion to dismiss and argued that the complaint was improperly served, that plaintiff’s claims were barred under the theory of non-mutual collateral estoppel, and that plaintiff’s claim was barred under the Rooker Feldman Doctrine. The court agreed and granted the motion and required plaintiff to show cause why she should be able to bring any new causes of action related to the foreclosure in the District Court of Connecticut.