David L. Menzel
Kraemer Burns, P.A.
675 Morris Avenue
Springfield, New Jersey 07081
Phone: 973-912-8700
Fax: 973-912-8602
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The focus of David Menzel's practice is litigation. He received an A.B. degree in 1970 from the University of Notre Dame where he graduated Maxima Cum Laude and was a member of Phi Beta Kappa. He graduated as a University Scholar in 1973 from New York University School of Law where he was a staff member of the Annual Survey of American Law and selected for the Order of the Coif. He has authored an article titled "The Defense of Contributory Negligence in Accountant's Malpractice Actions", 13 Seton Hall L. Rev. 292 (1983) and a chapter entitled "Damages Recoverable in Commercial Cases" appearing in Commercial Litigation in New Jersey (LPI 1996). Mr. Menzel has served as a member of the District V Ethics Committee.
Mr. Menzel's litigation practice has included representation of banks, insurance companies in their capacity as lenders and providers of financial products, a mortgage loan wholesaler, and a mortgage loan warehouse lender. He has extensive experience in defending against class actions. Noteworthy engagements on behalf of financial service clients include:
- Obtained summary judgment in favor of lender against claim by shopping center owner/borrower that prohibition of prepayment in mortgage was invalid, reported at Clover SquareAssociates v. Northwestern Mutual Life Insurance Co., 674 F.Supp. 1137 (D.N.J. 1987), aff'd, 869 F.2d 588 (3rd Cir. 1989);
- Representation of lender against claim that it was obligated to make approximately $20,000,000 in additional loan disbursements pursuant to terms of the loan agreement. Borrower's claim for lender liability and equitable subordination were ultimately tried as an adversary proceeding;
- Trial on behalf of mortgage lender of a foreclosure action and defense of counterclaim that lender had an obligation to discover and to disclose to borrower environmental contamination of the mortgaged property;
- Representation of mortgage loan wholesaler in claim against retailer that had violated representations and warranties in connection with the origination, underwriting and closing of the loans, and claims against appraisers and closing attorney; obtained summary judgment against retailer in the amount of $2.6 million in addition to attorney fees;
- Representation of prospective lender in defense of multimillion dollar lender liability claim that lender had improperly refused to fund loan pursuant to loan commitment letter;
- Representation of lender in several litigations including two class actions, that had issued federally guaranteed student loans, in defense of claims by students that their loan obligations were invalid, as well as the lender's claims for indemnity against its guarantors and the Department of Education, reported at Morgan v. Markerdowne Corp., 976 F.Supp. 301 (D.N.J. 1997). Contingent class certification was dismissed at 241 F.R.D. 341 (D.N.J. 2001);
- Representation of mortgage loan wholesaler/assignee with respect to validity of mortgage loans and malpractice claims against loan closer when mortgage loan proceeds provided by assignor failed to clear;
- Representation of mortgage loan warehouse lender with respect to indemnity claims against mortgage lender;
- Arbitration of claims by bank for indemnification arising out of agreement for purchase of stock of mortgage company, resulting in a large arbitration award for bank;
- Successful representation of financial institution in action involving fraudulent conveyance of assets by individual who had defrauded the institution;
- Representation of federally guaranteed student loan retailer in claim against loan purchasers with regard to pricing of loans based on a statutory change in the index for the yield on student loans;
- Representation of bank against claim under Uniform Fiduciaries Law arising out of an attorney's theft from his trust account;
- Representation of asset based lender which had provided funding to mortgage lender against borrower's consumer fraud and civil RICO claims;
- Representation of life insurer against claims by purported class of policyholders alleging misrepresentation with respect to waiver of premium benefit. The District Court denied class certification and granted summary judgment, and the Third Circuit Court of Appeals affirmed. Lunn v. Prudential Ins. Co. of Am., 283 Fed. App. 940 (2008); and
- Representation of bank in numerous matters involving Articles 3 and 4 of the Uniform Commercial Code.
Other class action engagements include:
- Representation of auto insurer against claims by purported class of health care providers that they were underpaid for their services. Motion to dismiss was granted in favor of insurer;
- Representation of propane distributor against claims by class of property owners for losses arising out of propane explosion;
- Representation of vinyl siding manufacturer against purported claims by class of condominium associations that siding was defective; and
- Representation of pharmaceutical manufacturer against claim by a purported class of persons alleging injuries sustained by in utero exposure to pharmaceutical product.
Education
- University of Notre Dame B.A.
Honors: Phi Beta Kappa
Maxima Cum Laude
- New York University School of Law
Honors: University Scholar
Cum Laude
Order of the Coif
Bar Admissions
- New Jersey
- United States District Court, New Jersey
- United States Court of Appeals, Third Circuit
- United States Supreme Court
Professional Associations:
- New Jersey State Bar Association
Published Works:
- "The Defense of Contributory Negligence in Accountant's Malpractice Actions", 13 Seton Hall L. Rev. 292 (1983)
- "Damages Recoverable in Commercial Cases" appearing in Commercial Litigation in New Jersey (LPI 1996).
