John J. Zefutie, Jr. is a commercial litigator and trial attorney who handles complex commercial disputes, mass tort litigation, financial services litigation, consumer fraud class actions, restrictive covenant cases, and unfair competition litigation.
Mr. Zefutie frequently appears in both federal and state courts. He manages and engages in all facets of litigation. From the early pleadings stage through appellate proceedings, he works proactively with his clients in formulating litigation strategies that both protect the client’s legal rights and serve immediate and long-term business objectives. In addition to his trial experience, Mr. Zefutie has obtained and successfully defended against temporary and preliminary injunctive relief. He also has substantial experience in arbitration proceedings.
A seasoned commercial and mass tort litigator, Mr. Zefutie frequently litigates contract disputes, reaching favorable results on behalf of his clients, including a winning jury verdict and substantial counsel fee award on behalf of a supply corporation and importer located in Manhattan. He regularly defends wrongful death and survival cases in state and federal courts across the country, as well as cases alleging traumatic brain injury, post-traumatic stress disorder and physical and mental disability. In the toxic tort area, he was part of a team of attorneys that defended the City of New York and more than 150 contractors against thousands of personal injury actions venued in the Southern District of New York. Those actions arose from the rescue, recovery and debris removal effort following the World Trade Center terrorist attacks.
Mr. Zefutie defends mortgage lenders and servicers facing individual claims and class action cases seeking relief pursuant to the New Jersey Consumer Fraud Act, the Truth in Lending Act and the Real Estate Settlement Procedures Act, as well as other federal statutes and common law causes of action. In addition to financial services litigation, he served as part of a team of independent counsel that, pursuant to a consent order issued by the Office of the Comptroller of the Currency, engaged in a look-back review and analysis of a mortgage servicer’s foreclosure practices. Mr. Zefutie also provides litigation advice to toy manufacturers and other large companies defending consumer fraud class actions.
Mr. Zefutie engages in substantial pro bono activity. He currently serves as the Secretary of the Supreme Court of New Jersey District VII Ethics Committee, where he manages the Committee’s work and handles submission and investigation of ethics grievances filed against attorneys. While in law school, Mr. Zefutie was an editor for the Seton Hall Law Review and a member of the Interscholastic Moot Court Board. He was the winner of the Eugene Gressman Moot Court Competition, a Regional Finalist in the National Moot Court Competition and a recipient of the Seton Hall Oral Advocacy Award.
- Represented Express Homebuyers USA, LLC in obtaining a favorable court decision ruling that the trademarks “We Buy Houses” and “Webuyhouses.com” are generic and should be canceled.
- Represented Express Homebuyers USA, LLC in obtaining dismissal of false advertising, trade libel and conspiracy claims against it, in excess of $40 million in damages.
- Filed a Petition for a Writ of Certiorari with the Supreme Court of the United States on behalf of Banca UBAE, S.p.A., seeking review and reversal of a decision by the U.S. Court of Appeals.
- Addonizio, et al. v. Simply Thick, LLC, et al. (S.D.N.Y. 2014-2015) Successfully defended and favorably resolved design and manufacturing defect claims pertaining to food thickening agent.
- Simply Thick, LLC, et al. (2013-2014) Primary counsel for a major food processing and packaging company in connection with various product liability actions brought in multiple jurisdictions pertaining to food thickening agent.
- Simply Thick, LLC, et al. (2013-2014) Successfully defended a major food processing and packaging company against veil-piercing claims and claims that it was the alter ego of an affiliated company.
- Iocozzia v. Natelco Corp., et al., Successful result in 5-week jury trial over traumatic brain injury claims, including obtaining a post-trial remittitur of more than 80% of the jury’s verdict.
- In re VoicePulse, Inc., (Bankr. D.N.J. 2017) Successfully represented unsecured creditor in Chapter 11 bankruptcy proceeding alleging that the chief executive officer and sole shareholder of the debtor misappropriated company funds and breached his fiduciary duties to all creditors.
- VoicePulse, Inc. et al. v. Patel (Bankr. D.N.J. 2017) Succeeded in obtaining control and transfer of all stock in company to our client after litigating issues of fiduciary duties of controlling shareholders, corporate waste, and creditor rights.
- LaSala v. Bordier et Cie, Dominick Co. AG (D.N.J. 2006) – Obtained dismissal of $500 million claim against Swiss bank based on alleged aiding and abetting of securities fraud
- Anderson v. Option One Mortgage Corp. (E.D.N.Y. 2008) – Obtained dismissal of putative class action claims of consumer fraud arising out of client’s mortgage lending practices
- Berry, et al. v. MEGA Brands, Inc., et al. (D.N.J. 2013) – Negotiated, mediated and settled a nationwide consumer fraud class action in connection with the sale of certain magnet toys
- In re World Trade Center Litigation (S.D.N.Y. 2012) – Defended the City of New York and over 150 contractors against thousands of personal injury lawsuits in connection with the rescue, recovery and debris removal efforts following World Trade Center terrorist attacks
- Novamet Specialty Prods. Corp. v. High Performance Prods., Inc., et al. (N.J. Ch. Div. 2011) – Obtained preliminary injunctive relief following expedited discovery restraining defendants from exploiting wrongfully diverted supplier contacts, which effectively prohibited any further unfair competition
- ING Global v. United Parcel Service Oasis Supply Corporation (S.D.N.Y. 2012) – Obtained $1.8 million breach of contract jury verdict (including pre- and post-judgment interest) on behalf of Manhattan-based supply and import company
- JaeLee Consulting Group, Inc. v. XenoOne, Inc., et al. (S.D.N.Y. 2012) – Obtained dismissal of claims against foreign corporation based upon binding arbitration agreement
- MetLife Independent Foreclosure Review (2012) – Engaged in review and analysis of mortgage servicer’s foreclosure practices pursuant to a consent order issued by the Office of the Comptroller of the Currency
- Hinds v. Option One Mortgage Corp. (E.D.N.Y. 2012) – Obtained dismissal of action alleging constitutional due process violations, common law fraud, unjust enrichment and conversion claims
- Quoted, “Second Chance: Faces Class Action Over Misleading Guarantees,” Class Action Reporter, November 22, 2017
- Author, “Privilege Covers Lawyer Notes From GM Ignition Switch Investigation, District Court Finds,” The Law for Lawyers Today, 2015 (blog post)
- Author, “Sticks and Stones? Censure Recommended for Discourtesy, Prosecution Threats,” The Law for Lawyers Today, 2015 (blog post)
- Co-author, “Private Rights of Action Under HAMP,” The Review of Banking & Financial Services, 2012
- Co-author, “U.S. Sellers of Foreign Goods on the Hook: The Retailers Immunity Act May Not Provide Adequate Protection,” 190 New Jersey Law Journal 1016, 2007
- Author, “From Butts to Big Macs: Can the Tobacco Litigation and State Attorney General Settlement Serve as a Model for Fast Food Litigation?,” 34 Seton Hall Law Review 1383, 2004