Mitchell W. Taraschi

As Co-chair of Connell Foley LLP’s Construction Group, Mitchell Taraschi delivers successful litigation outcomes for a diverse array of construction industry clients. He serves as a zealous advocate in state and federal courts in matters related to construction litigation, product liability and complex commercial litigation. Mitchell’s clients range from small businesses to global and Fortune 500 firms, including private and public works contractors, sub-contractors and owners/developers, manufacturing companies, cosmetics companies and pharmaceutical corporations.

Mitchell brings business acumen and creative solutions to bear for clients facing complex disputes. In construction litigation cases, he advises on contract disputes, defective construction, delay damages, acceleration claims, back charges and public bid disputes. He also drafts and reviews construction contracts, including architect agreements, construction manager agreements, general contractor agreements, subcontractor agreements and vendor/supply agreements, for public and private owners and contractors. 

Mitchell's projects include large-scale developments of residential, commercial, industrial and mixed-use projects in New Jersey and New York, including projects in Newark, Jersey City, Hackensack, Manhattan and Queens.

As the former Chair of Connell Foley's Product Liability and Tort Law Group, Mitchell has substantial product liability experience encompassing mass tort, construction and children’s products litigation. A thought leader in product liability law, Mitchell is a member of the Defense Research Institute (DRI) and Juvenile Products Manufacturers Association (JPMA), and was previously the New Jersey representative for the JPMA-DRI Joint State Liaison Program, where he served as a resource for both organizations on developments affecting children’s products liability across the state. Since 2011, he has authored the New Jersey portion of the DRI Children’s Product SLG 50 state compendium. 

Results may vary depending on your particular facts and legal circumstances.

Representative Experience 

Construction Litigation
Results may vary depending on your particular facts and legal circumstances.

• Representation of national developer in multi-million construction case against construction management firm, including claims of defective work and delay.

• Special Construction Counsel to public entities for a variety of public construction projects and in this role attends to preconstruction issues, including bidding issues, as well as attends preconstruction and construction meetings.

• Representation of public owner in litigation relating to the construction of a $150,000,000 vocational school, including defense of delay and acceleration claims by contractor.

• Representation of numerous public entities and contractors involving public bidding, including challenges to bid specifications, awards at the state and local level and New Jersey’s pay-to-play laws.
• Representation of a regional developer in a dispute with its construction manager for the construction of a $40 million 7-story residential building in Hoboken, New Jersey.
• Representation of a national developer in a multi-million dollar construction case including claims by a homeowners’ association for a major residential development relating to alleged deficient design and/or defective construction of various buildings, roadways, and irrigation systems. Mitchell also defends claims that the developer made misrepresentations in community public offering statements. Mitchell successfully obtained a dismissal of many of the homeowner claims pursuant to New Jersey’s statute of repose.
• Representation of a national construction management firm in a multi-million dollar construction case against the New Jersey Schools Development Authority (NJSDA), relating to the design and construction of various schools. Mitchell was the architect of the defense of this matter where the construction manager was terminated from more than 20 school projects. The case was successfully settled and the termination set aside as a result of the legal strategy that Mitchell employed.
• Representation of a residential development against a contractor relating to the deficient installation of approximately 4,000 windows. Mitchell successfully obtained an arbitration award against the contractor.
• Representation of public owner relating to the enforceability of a multi-million dollar settlement agreement as well as the termination of its construction manager overseeing the expansion and renovation of seven schools within the Nutley School District.
• Represented a subcontractor who had a contract in excess of $70,000,000 to build a significant portion of the $500 million Tosco Bayway Refinery Polypropylene Plant Project. The subcontractor had filed a construction lien stating that the contract amount, initially, had been $15,110,000 and that amendments to the contract had come to $56,612,700.86, resulting in a total of $71,722,700.86. Mitchell litigated the validity and amount of the lien filed by the subcontractor.

Product Liability
Results may vary depending on your particular facts and legal circumstances.

• Representation of a global marketer of children’s products in a products liability action involving a child’s permanent physical and cognitive injuries allegedly sustained from the defective design and manufacture of a baby carrier.  Obtained dismissal at the close of discovery.
• Representation of a global marketer of consumer and commercial products in numerous products liability actions, including those involving: an allergic reaction and respiratory disorder allegedly caused by an air freshener; lacerated tendons in hand allegedly caused by the defective design and manufacture of a shed; and injury leading to blindness of child allegedly caused by the defective design and manufacture of a pen.
• Representation of global marketer of consumer products where plaintiff claims a respiratory injury allegedly caused by exposure to spray tan.
• Representation of international pharmaceutical companies in mass tort products liability actions involving over-the-counter drugs.
• Representation of a global marketer of consumer and commercial products where plaintiff was allegedly injured as a result of exposure to asbestos.  Obtained dismissal without having to file an answer.
• Representation of numerous owners and contractors relating to defective products used in construction.

Commercial Litigation
Results may vary depending on your particular facts and legal circumstances.

• Successfully obtained injunctive relief against employee in this multi-million dollar action for breach of her duties of loyalty and restrictive covenant. Representation against shareholder and competitor for violating various agreements and fiduciary duties.
• Representation of a manufacturer in complex commercial litigation including such issues as wrongful termination of exclusive distributorship agreement, trademark infringement, breach of contract, breach of fiduciary duties, tortious interference, defamation/trade libel, and violations of the Lanham Act. This matter was settled on the eve of trial after barring much of the opposing party’s expert report and all of the opposing party’s claims were dismissed.
• Representation of an international bank in a variety of cases totaling millions of dollars including claims of fraud, embezzlement and forged checks. Issues litigated under the Uniform Commercial Code (UCC) provisions include whether a three-year statute of limitations applies to certain cross-claims for indemnity and contribution.  This was an issue of first impression not only in New Jersey, but also an issue of first impression in the United States.

Decisions
Results may vary depending on your particular facts and legal circumstances.

• Jen Electric, Inc. v. County of Essex, 197 N.J. 627 (2009) & Jen Electric, Inc. v. County of Essex, 401 N.J. Super. 203 (2008). On an issue of first impression, the New Jersey Supreme Court in a split decision reversed a unanimous Appellate Division opinion and held that a potential subcontractor, vendor, and supplier that is neither a taxpayer nor a bidder had standing to challenge a public project’s bid specifications under New Jersey’s Local Public Contracts Law (LPCL). Mr. Taraschi argued for dismissal of Complaint due to lack of standing before the trial court, the Appellate Division, and the New Jersey Supreme Court.  
• Kvaerner Process, Inc. v. Barham-McBride Joint Venture, 368 N.J. Super. 190 (App. Div. 2004). Mr. Taraschi represented a subcontractor that filed a construction lien. The general contractor brought an action alleging that the construction lien filed by the subcontractor was defective and sought a discharge of the lien. The trial court held a trial but refused to permit the subcontractor discovery. The trial court ordered discharge of the lien claim and awarded the general contractor attorney fees. The subcontractor appealed. On appeal, in a matter of first impression, the Appellate Division held that a general contractor was permitted under the Construction Lien Law to bring an action to discharge the lien. The Appellate Division also held that the trial court committed plain error and prejudiced the subcontractor by limiting subcontractor's discovery to evidence of whether there was a contractual basis for the amount of the lien and not extending discovery to all evidence of the validity of the contract. Mr. Taraschi tried the case and also assisted with the appeal.
• Component Hardware Group, Inc. v. Trine Rolled Moulding Corp., Civil Action No. 05-891 (MLC/TJB). Represented Trine Rolled Moulding Corp. in a hard-fought, complex commercial litigation in federal court including such issues as wrongful termination of exclusive distributorship agreement, trademark infringement, breach of contract, breach of fiduciary duties, tortious interference, defamation/trade libel, and violations of the Lanham Act. Issues of first impression relating to evidence and damages issues were won. The federal court excluded the plaintiff’s expert reports pursuant to Daubert on the basis of Mr. Taraschi’s discovery and motion efforts. Trine settled its affirmative claims on the eve of the trial only after all of the plaintiff’s claims were dismissed.

Professional and Community Affiliations

• American Bar Association 
• Defense Research Institute - Children's Product Liability SLG - New Jersey
• Juvenile Products Manufacturer’s Association
• New Jersey State Bar Association, Construction Law Section
• USLAW Product Liability Practice Group
• Essex County Bar Association
  • District VA Attorney Ethics Committee (2013-2021)
• Borough of Watchung Board of Adjustment

Pro Bono 

• In his role as Board Member and Chief Administrative Officer of Amenity LLC, Mitchell has spearheaded Amenity’s support for and partnership with charitable organizations, including the Cancer Research Institute and Career Gear. As such, he has earned the title of Charity Director within the company. His involvement includes: directing, navigating and assisting the company's management team with major company decisions; assisting with resolution of disputes with vendors, independent contractors and distributors; drafting product development agreements, international distributorship agreements, sales representative agreements and employment agreements; reviewing all documentation between charitable organizations and Amenity; assisting with charitable events and fundraising efforts; and attending events as the representative of the company. Mitchell has been involved with this role for 10 years.
• For the IHM Annual Thanksgiving Food Drive, Mitchell assists with the organization of the collection of canned and boxed food for a series of three weeks prior to Thanksgiving, ultimately helping to feed families from six local inner city Roman Catholic Parishes located throughout Union and Somerset Counties. He assists the Chairperson with announcement of event, collection of food, packing of food and delivery to parishes and families. Mitchell has been involved with this charity for over 10 years.
• For the IHM Annual Giving Tree Drive, Mitchell assists with the organization of the collection of gifts for a series of six weeks prior to Christmas. These efforts help supply holiday gifts, toys and clothing to children, elderly and other needy individuals at six local inner city parishes, nursing homes and mentally challenged living facilities located throughout Union and Somerset Counties. He assists the Chairperson with deciding which parishes to target, orchestrates the announcement of the event, and the collection, packing and delivery of items to needy individuals. Mitchell has been involved with this charity for over 10 years.

Chambers USA (2023 - 2024)

• Construction - New Jersey 
  

“40 Under 40,” New Jersey Law Journal (2011)

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