Trif & Modugno LLC has formally requested a New Jersey state court to dismiss claims brought against it by Lowenstein Sandler LLP in an ongoing legal dispute involving the cannabis dispensary Harmony Foundation of New Jersey. The law firm’s motion contends that Lowenstein Sandler’s claims should be dismissed due to the absence of a required affidavit of merit.
Trif & Modugno, representing Harmony Foundation, asserts that Lowenstein Sandler failed to submit a sworn affidavit of merit from a qualified expert, which is legally mandated to substantiate claims alleging professional misconduct. The affidavit is a critical element in proving that Trif & Modugno deviated from accepted standards of care by allegedly assisting Secaucus Investors LLC in a hostile takeover of Harmony, resulting in the dispensary entering receivership and Lowenstein Sandler’s unpaid legal fees.
“An affidavit of merit is mandatory for all claims requiring proof of deviation from the applicable professional standard of care,” stated Trif & Modugno in their motion. “Since Lowenstein must demonstrate that our firm violated legal and ethical standards, the absence of this affidavit warrants dismissal.”
The motion references established legal precedents, including the Third Circuit’s 2014 ruling in Nuveen Mun. Trust v. WithumSmith Brown PC, reinforcing the necessity of affidavits of merit in claims of fraud and negligent misrepresentation.
Lowenstein Sandler initially filed suit against Harmony Foundation, Trif & Modugno LLC, and Secaucus Investors in Essex County Court last November. Harmony subsequently countered with a suit in Bergen County Superior Court, alleging that Lowenstein Sandler supported a hostile takeover attempt by the dispensary’s former CEO, and seeks repayment of legal fees already received by Lowenstein Sandler.
In May, the courts consolidated the two suits due to overlapping legal questions, streamlining the ongoing litigation.
Lowenstein Sandler is represented by Marino Tortorella & Boyle PC, while Trif & Modugno is represented by Greg Trif.
