Damian V. Santomauro | Frost Brown Todd

Damian V. Santomauro

Newark, NJ

Office Phone Number 973-596-4586|| Email
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Biography

Mr. Santomauro is an experienced litigator who concentrates in construction matters and defense of consumer class actions. As Team Leader of the firm’s Construction Law & Litigation practice, he has a wide range of experience representing clients in the construction industry. Mr. Santomauro is able to advise designers, contractors, and owners on issues that arise during projects, from procurement to completion, and to vigorously represent clients in litigation and alternative dispute proceedings when disputes occur. In addition, he defends clients in class actions involving diverse state and federal consumer protection statutes, such as the New Jersey Consumer Fraud Act (CFA); Telephone Consumer Protection Act (TCPA); New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA); New Jersey Gift Card Act (GCA); and New Jersey’s Retail Installment Sales Act (RISA). He has a vast bank of knowledge with which to advise clients confronted with potentially crippling exposure. Whether providing advice to a client on a troubled construction project in an effort to avoid litigation, or defending a business confronted with significant class action claims, Mr. Santomauro works to address the client’s specific needs and to effectively and efficiently resolve the dispute.

Mr. Santomauro has also represented clients in numerous complex commercial disputes, including shareholder oppression, commercial and real estate contract disputes, restrictive covenants, and non-compete/non-solicitation agreements. He previously served as Senior Counsel to the Governor of New Jersey. In that capacity, Mr. Santomauro advised the Governor on various legal, legislative, and regulatory issues in the areas of construction law, consumer affairs, local government, affordable housing, election law, and legalized gaming, and he represented the Governor in meetings with legislators, government affairs professionals, and interested parties on these issues. He also interacted with, and provided assistance to, state departments, divisions, and commissioners, on a number of important legal and policy matters impacting the state and worked with the Office of the Attorney General in connection with significant state litigation.

Mr. Santomauro has authored numerous articles addressing issues important to clients in the construction industry, as well as businesses and practitioners confronting class action claims. He has also spoken on these topics in a variety of settings, including speaking engagements with the American Bar Association, New Jersey State Bar Association, and New Jersey Institute for Continuing Legal Education.

Other Info About Damian

Experience

Legal Work Highlights

Representative Matters:

Construction Disputes

Representation of New Jersey Department of Transportation in defense of lawsuit filed by general contractor involving the construction of a bridge
Representation of a public owner in connection with a large transportation project
Representation of multiple condominium associations in construction defect litigations against the developer of a condominium complex constructed on a pier
Defense of a public university in multiple lawsuits involving construction of medical school
Representation of a concrete supplier in a dispute with the contractor in connection with the construction of a sports stadium
Representation of a steel supplier in litigation with the general contractor over an interstate bridge construction project
Defense of a general contractor in a litigation involving the owner and subcontractor on the construction of a national retail store
Representation of the general contractor in litigation involving claims of non-payment and construction defects in connection with a large residential construction project
Representation of a private university in litigation involving claims of defective construction of a campus building
Representation of the supplier and installer of solar panels in multiple litigations with owners
Defense of a drywall supplier and its owners in litigation involving claims of defective construction materials in a condominium
Representation of a steel supplier in arbitration with a general contractor regarding construction of a bridge in New York
Representation of a concrete supplier in arbitration with a general contractor regarding construction of a bridge repairs in New York
Representation of a marine contractor in a dispute concerning a shore replenishment project
Representation of the owner of a power plant in arbitration and litigation with its EPC contractor
Representation of the contractor in arbitration and litigation with the owner, construction manager, and subcontractors arising out of work on a transit hub project

Bid Protests

Representation of multiple state entities in connection with bid protest proceedings
Representation of the successful bidder in a bid protest procedure pursuant to New Jersey’s State College Contracts Act
Representation of the successful bidder in a bid protest for a New Jersey Department of Corrections procurement
Representation of an aggrieved bidder in a dispute with the New Jersey State Parole Board
Representation of an aggrieved bidder in a dispute with an improvement authority, pursuant to Local Public Contracts Law

Class Actions

Defense of a supplier of materials used in home construction in a nationwide class action alleging consumer fraud and defects in the client’s products
Defense of a class action involving claims that promotional certificates violated the New Jersey Consumer Fraud Act, New Jersey Gift Card Act, and New Jersey Truth in Consumer Contract, Warranty, and Notice Act
Defense of a class action involving claims that the transmission of unsolicited facsimile advertisements violated the Telephone Consumer Protection Act (TCPA)
Defense of a distributor of cosmetics in a nationwide consumer fraud class action involving allegations of lead in lipstick
Defense of a nationwide class action involving claims that the transmission of pre-recorded telephone calls violated the TCPA

Commercial Litigation

Representation of a commercial real estate company in a minority shareholder oppression lawsuit
Representation of a commercial owner in a trespass dispute with an adjacent landowner
Defense of a solar power provider in multiple litigations with commercial owners
Representation of a commercial seller in a dispute with the purchaser of commercial property
Representation of the U.S. subsidiary of a Dutch company in litigation involving the former head of the U.S. office
Representation of an environmental services provider in restrictive covenant litigation against a former employee

Reported Decisions:

New York Gypsum Floors v. March Assocs. Constr., 2021 N.J. Super. Unpub. LEXIS 1553 (Law Div. Feb. 22, 2021)

Patel v. Meridian Health Sys., 2019 N.J. Super. Unpub. LEXIS 2242 (App. Div. Oct. 31, 2019)

City of Margate v. N.J. Dep’t of Envtl. Prot., 2017 U.S. Dist. LEXIS 126934 (D.N.J. August 10, 2017)

Stern v. Maibec Inc., No. 11-CV-3951(PGS)(TJB), 2018 WL 1586323 (D.N.J. Apr. 2, 2018)

Federal Business Centers, Inc. v. United States of America, 2014 U.S. Dist. LEXIS 95915 (D.N.J. July 15, 2014)

In re Challenge of Contract Award Solicitation #13-x-22694 Lottery Growth Mgmt. Servs., 436 N.J. Super. 350 (App. Div. 2014)

Robert Wood Johnson Univ. Hosp. at Hamilton, Inc. v. SMX Capital, Inc., 2013 U.S. Dist. LEXIS 120595 (D.N.J. Aug. 26, 2013)

Vander Veer v. Maibec Inc., 2012 U.S. Dist. LEXIS 158247 (D.N.J. Nov. 5, 2012), reconsideration denied, 2013 U.S. Dist. LEXIS 55550 (D.N.J. Apr. 12, 2013)

New Meadowlands Stadium Co., LLC v. Triple Five Group Ltd., 2012 N.J. Super. Unpub. LEXIS 1920 (Ch. Div. Aug. 9, 2012)

Horizon Group of New Eng., Inc. v. New Jersey Sch. Constr. Corp., 2011 N.J. Super. Unpub. LEXIS 2271 (App. Div. Aug. 24, 2011)

Shelton v. Restaurant.com Inc., 2010 U.S. Dist. LEXIS 59111 (D.N.J. June 15, 2010), questions certified, 2011 U.S. App. LEXIS 26594 (3d Cir. N.J. Feb. 10, 2011), certified questions answered, 214 N.J. 419 (2013), affirmed in part, vacated in part, 534 Fed. Appx, 168 (3d Cir. 2013), dismissed on remand, 2014 U.S. Dist. LEXIS 93731 (D.N.J. July 10, 2014), reversed on individual claims, 784 F.3d 918 (3d Cir. N.J. 2015)

Landsman & Funk, P.C. v. Skinder-Strauss Assocs., 636 F. Supp. 2d 359 (D.N.J. 2009), reconsideration denied, 2009 U.S. Dist. LEXIS 77470 (D.N.J. Aug. 28, 2009), vacated and remanded, 640 F.3d 72 (3d Cir. 2011), vacated and en banc hearing granted, 650 F.3d 311 (3d Cir. 2011), vacated by 2012 U.S. App. LEXIS 11946 (3d Cir. Apr. 17, 2012)

Bais Yaakov of Spring Valley v. Peterson’s Nelnet, LLC, 2012 U.S. Dist. LEXIS 150210 (D.N.J. Oct. 17, 2012), certification of interlocutory appeal granted, 2013 U.S. Dist. LEXIS 23973 (D.N.J. Feb. 20, 2013)

Smith v. Honeywell Int’l, Inc., 2013 U.S. Dist. LEXIS 72995 (D.N.J. Apr. 17, 2013), report and recommendation adopted, 2013 U.S. Dist. LEXIS 73567 (D.N.J. May 20, 2013)

Sery v. Fed. Bus. Ctrs., Inc., 365 Fed. Appx. 396 (3d Cir. Feb. 18, 2010)

Margulis v. Resort Rental, LLC, 2008 U.S. Dist. LEXIS 115287 (D.N.J. June 30, 2008), report and recommendation adopted, 2008 U.S. Dist. LEXIS 53728 (D.N.J. July 14, 2008)

Koronthaly v. L’Oreal USA, Inc., 2008 U.S. Dist. LEXIS 59024 (D.N.J. July 25, 2008), reconsideration denied, 2008 U.S. Dist. LEXIS 86419 (D.N.J. Oct. 23, 2008), aff’d, 374 Fed. Appx. 257, 2010 U.S. App. LEXIS 6383 (3d Cir. 2010)

Geco Corp. v. H.D. Smith Wholesale Drug Co., 2006 U.S. Dist. LEXIS 84130 (D.N.J. Nov. 17, 2006)

Education

University of Richmond School of Law|Duke University

J.D., magna cum laude|B.S.

Notes and Comments Editor, University of Richmond Law Review

Clerkships

Damian served as a clerk for the court(s) and judge(s) below:

Law clerk to The Honorable Donald W. Lemons, Supreme Court of Virginia, 2000-2001

Courts

Damian is admitted to practice before the following court(s):

State of New Jersey|State of New York|United States District Court for the District of New Jersey|United States Court of Appeals for the Third Circuit|Supreme Court of the United States

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