Santagata, Justin D.

Profile

Justin D. Santagata is a partner and a member of the firm’s Commercial Litigation Practice Group. He is based in the firm’s Atlantic City office.

Justin came to Cooper Levenson from a North Jersey firm, where he tried more than 30 cases in state and federal court, administrative tribunals, and arbitration. 

He has had 11 of 16 successful reversals as an appellant.

He is admitted to practice in:

•         New Jersey
•         New York
•         S. Supreme Court
•         Third Circuit
•         Second Circuit
•         N.J. Federal District Court
•         N.Y. Federal District Court: Southern District
•         N.Y. Federal District Court: Eastern District
•         N.J. Bankruptcy Court Approx.
•         Bankruptcy Court, Eastern District of New York

 

Experience

 Justin has argued 25 appeals at the Third Circuit (5), Second Circuit (1), and New Jersey Appellate Division (19), with five published opinions.

He was the successful lead counsel or first-chair in plaintiff-side litigation under Title VII, 42 U.S.C. 1983, New Jersey Law Against Discrimination, New Jersey Civil Rights Act, Fair Labor Standards Act, New Jersey Wage and Hour Act, New Jersey Racketeering and Corrupt Organizations Act, New Jersey, Consumer Fraud Act, New Jersey Conscientious Employee Protection Act, New York Human Rights Act, Federal Equal Pay Act, New Jersey Family Medical Leave Act, and Federal Family Medical Leave Act totaling nearly $3,000,000.

Justin has successfully prosecuted matters of discrimination, hostile work environment, employment,  and civil rights claims based on race, national origin, religion, gender, sexual orientation, unlawful search and seizure, and failure to pay overtime.

Justin’s practice includes litigation and the day-to-day representation for and against public entities under New Jersey Local Public Contracts Law, New Jersey Municipal Land Use Law, New Jersey Local Government Ethics Law, Faulkner Act, Title 19 of New Jersey Code (Elections), New Jersey Civil Service Act, New Jersey Employee-Employer Relations Act, New Jersey Open Public Records Act, Telecommunications Act of 1996, Family Medical Leave Act, Fair Labor Standards Act, Freedom of Information  Act, New Jersey Uniform Commercial Code, New Jersey Products Liability Act, Securities Exchange Act, New Jersey Uniform Securities Act, New Jersey, Anti-Eviction Act, and Taft-Hartley Act.

Justin’s experience includes the writing of and challenge to local public referendums in New Jersey, as well as the defense of employment and labor claims in court, in arbitration, and before administrative tribunals, including New Jersey Public Employee Relations Commission, American Arbitration Association, New Jersey Civil Service Commission, New York Division on Human Rights, and Equal Employment Opportunity Commission.

He has extensive litigation experience in business disputes under New Jersey and New York law, including forced buyouts, fraudulent transfers, successor liability, unpaid distributions, voting rights, and validity of operating agreements, with successful results totaling over $3,000,000.

Justin has experience in creditors’ rights in bankruptcy, including vacation of automatic stay, property of estate, and challenging a plan of reorganization after trial.

 

Noteworthy Opinions

•         Est. of Roman v. City of Newark, 914 F.3d 789 (3d Cir. 2018), cert. denied sub nom. Est. of Roman v. City of Newark, New Jersey, 140 S.Ct. 82 (2019), and cert. denied, 140 S.Ct. 97 (2019): pattern/practice liability against municipality
•         160 W. Broadway Assocs., LP v. 1 Mem’l Drive, LLC, 248 A.3d 404 (N.J. App. Div. 2021), cert. denied [citation pending]: successor liability requires transfer of substantially all assets
•         Richardson v. Coverall N. Am.. Inc., 811 F.App’x 100 (3d Cir. 2020), cert. denied, 141 S.Ct. 1685 (2021): incorporation of arbitrability through procedural rules
•         Suratwala Gandhi, 2020 WL 2298665 (N.J. App. Div. May 8, 2020): fraud in the factum in arbitration clause under New York law
•         1 Mem’l Drive LLC v. 160 W. Broadway Assocs., LP, 2021 WL 3573800 (N.J. App. Div. Aug. 13, 2021): due process in land use procedure
•         Manhattan Trailer Park Homeowners Ass’n, Inc. v. Manhattan Trailer Ct. & Trailer Sal es. Inc., 102 A.3d 1215 (N.J. App. Div. 2014): conversion of mobile home park
•         Wilkes v. Passaic Cty., 2016 WL 852602 (D.N.J. Mar. 4, 2016): disqualification of counsel for representing defendants and a material witness

 

 

Education

Justin is a graduate of George Washington University with a Bachelor of Arts, Catholic University of America, Columbus School of Law, Washington, D.C. with a Juris Doctor, and Benjamin Cardozo School of Law, New York, New York, with a Magister/Masters of Law, Litigation and Dispute Resolution. 

 

 

Articles/Seminars

Arguments and Briefs

•         Roman Third Circuit oral argument
•         Roman cross-petition to Supreme Court
•         Roman opposition to petition to Supreme Court
•         Richardson opposition to petition to Supreme Court

 

Affiliations

Justin is a professor at the Benjamin Cardozo School of Law in New York, NY, where he has taught legal research and writing since 2014, participates in the intensive trial advocacy program, and taught remedies in 2022.