Jeff Castello is a partner in the firm’s Parsippany office. He focuses his practice on complex civil litigation, with a concentration in defense of consumer class actions involving claims of alleged false advertising and alleged violations of the Telephone Consumer Protection Act (TCPA), general commercial litigation, business, bankruptcy, real estate, and employment matters.
Mr. Castello has counseled and represented clients in matters pending in federal and state courts, including trials, arbitrations and appeals. He also has conducted special investigations on behalf of several of the firm’s clients.
Mr. Castello served in the U.S. Marine Corps from 1988-1992.
Sandusky Wellness Center, LLC v. Medtox Scientific, Inc., 12-cv-02066, D. Minn. (2013)
Successfully represented diagnostic testing company in a putative class action alleging statutory damages under the Junk Fax Prevention Act by beating plaintiff’s motion for class certification and later obtaining summary judgment.
Obtained dismissal of a putative class action filed in Florida state court against a specialty food company alleging a claim for unjust enrichment and violations of the Florida Deceptive and Unfair Trade Practices Act.
Kaffko v. R2J2 Studios, LLC, 1:13-cv-05342, N.D. Ill. (2013)
Successfully obtained dismissal of a putative class action seeking millions of dollars in damages based on an allegation that the firm’s client violated the TCPA prohibition on prerecorded calls.
McNair v. Synapse Group, Inc., 672 F.3d 213 (3rd Cir. 2012)
The Third Circuit affirmed the trial court’s decision denying plaintiffs’ motion for class certification in a putative class action involving claims of consumer fraud, breach of contract, fraud and unjust enrichment.
Scheuerman v. Nestlé Healthcare Nutrition, Inc., 2012 WL 2916827 (D.N.J.)
Obtained summary judgment against plaintiffs’ California, New Jersey and Pennsylvania statutory fraud claims and negligent misrepresentation claim in false advertising action relating to a nutritional drink product.
Smellie v. Nestlé Healthcare Nutrition, Inc., No. 10 31562 (25) (Fla. 17th Jud. Cir. Ct.)
Defeated plaintiff’s motion to certify a class of Florida purchasers of defendant’s nutritional supplement drink product in false advertising action alleging violations of Florida’s consumer protection statute.
Nat’l Consumers League v. Nestlé Healthcare Nutrition, Inc., No. 0005772-10 (D.C. Super. Ct. Feb. 23, 2011)
Obtained dismissal of false advertising action asserting violations of the District of Columbia’s Consumer Protection Procedures Act.
Regularly represents companies accused of false advertising in putative class actions.
Currently representing several companies in putative class allegations actions violations of the Telephone Consumer Protection Act.
Levine v. 9 Net Ave., Inc., No. A–1107–00, 2001 WL 34013297 (App.Div. June 7, 2001)
Defended a Web-hosting company in a putative class action seeking $150 million in statutory damages under the Telephone Consumer Protection Act. Obtained rulings in both the trial and appellate courts barring class certification.
Represented a major chemical manufacturing company in several chemical exposure cases, including class actions.
Represented debt holders in the Calpine Corporation bankruptcy cases in the Southern District of New York and the Court of Queen’s Bench in Calgary, Alberta.
Represented debt holders in the bankruptcy proceedings of Adelphia Communications Corporation and Silicon Graphics, Inc. in the Southern District of New York. Both cases concluded with favorable recoveries for the firm’s clients.
Conducted a special investigation for the audit committee of the board of directors of a publicly traded financial services company. Work on this matter included extensive interviews, document review and research of the relevant legal issues raised in connection with the investigation, with presentations to the committee.
Conducted a special investigation for the audit committee of a large health care system located in the Northeast relating to certain advice that the client received from its auditors. Work on this matter included witness interviews and document review and research of the relevant legal issues. Representation concluded with a presentation to the committee.
Other Significant Matters
Sotheby’s International Realty, Inc. v. Donald Deutsch, et al., 650078/2011, Supreme Court of New York, County of New York
Successfully obtained judgment on behalf of real estate brokerage company following a trial that spanned several months. The trial court’s judgment was affirmed on appeal in a decision issued by the Appellate Division, First Department.
National Group for Communications and Computers Ltd. v. Lucent Technologies Int’l, Inc., 2004 WL 1825228. (D.N.J.)
Successfully obtained dismissal of a novel $92 million future lost profit claim under the law of Saudi Arabia (Shari’a).
Regularly represents major financial institutions and lenders in cases alleging consumer fraud and claims of unfair lending practices.
Represented a major consumer drug manufacturer in several product liability class actions, one of which resulted in dismissal of plaintiff’s case immediately following her deposition.
Obtained dismissal on behalf of a major U.S. retailer in several multimillion-dollar breach of lease cases.
Represented a creditors’ committee during the bankruptcy of one of the world’s largest air cargo companies. Representation involved litigation relating to debtor-in-possession financing issues and retention of major aircraft leases.
Represented a major telecommunications company in the prosecution of a breach of contract action in federal court, resulting in a judgment for the client.
Represented a major consumer health products company in defending mass-tort claims arising out of a cough-cold product.
Defended a major electronics manufacturer against claims of breach of contract and breach of the covenant of good faith and fair dealing. Argued a motion for summary judgment that disposed of all but one minor claim. Matter ultimately settled on favorable terms for the firm’s client on the first day of trial.
Represented a domestic flavor company and its employee against claims of theft of trade secrets and confidential information.
Prosecuted several breach of contract actions on behalf of an international real estate brokerage company.
Volunteer coach and former board member of a youth travel ice hockey program.