Knowledge Library

MSF had a significant victory last week, prevailing on summary judgment on all claims asserted against XTech Protective Equipment (XTech), Bob Broderick, Ted Monica, Jr., and Peter Coluccini in the New Jersey Superior Court, Law Division, Morris County.

Firm client xTech supplies innovative shoulder pads, primarily to NFL and college football teams, as well as to NHL and college hockey and other sports teams. Plaintiffs Mark Monica and Impact Protective Equipment (Impact) had asserted a litany of business tort claims against XTech and associated individuals – including claims for fraud, negligent misrepresentation, conversion, and unfair competition – as well as against the NY Giants and the team’s trainer, in connection with a dispute arising from XTech’s shoulder pad designs and business. MSF and the Giants’ counsel had all the counts dismissed on a pre-answer motion in 2018. On appeal the next year, the Appellate Division affirmed the dismissal of the claims against the Giants and its trainer, as well as the dismissal of the individual plaintiff’s claims against MSF’s clients, but reinstated all the claims by Impact, other than a statutory unfair competition claim. MSF then actively litigated the case through the close of discovery before filing its summary judgment motion earlier this year, on which the Court ruled from the bench after oral argument on July 8, 2022.

When asked about XTech’s win, MSF Commercial Litigation & Crisis Management Chair, Mitchell Schuster said, “I couldn’t be happier with the results for my client XTech. Great effort put forth by my colleagues, MSF partners Jeffrey Schreiber and Kevin Fritz, and associate Samantha Frenchman.