William J. DeSantis

William J. DeSantis is a partner in the Litigation Department and a member of the Appellate, Commercial Litigation, Consumer Financial Services, Product Liability and Mass Tort, and Eminent Domain Groups. His practice focuses on complex civil litigation with an emphasis on commercial, contract, personal injury, and redevelopment litigation.

Mr. DeSantis was recently certified by the Supreme Court of New Jersey as a Civil Trial Attorney. This designation is granted by the Supreme Court to attorneys who have demonstrated sufficient levels of experience, education, knowledge, and skill in civil trial practice. To be so designated, an attorney must demonstrate a substantial level of trial experience (both jury and non-jury), pass a written exam in civil trial law, and be favorably evaluated by other attorneys and judges who are familiar with the attorney's work. Of the approximately 60,000 active attorneys in New Jersey, only 1,550 hold Board Certification.

Representative Matters

• Defended apartment complex in case where trial (conducted by an attorney at another law firm) resulted in a verdict of $1 million plus attorney’s fees for wrongful eviction. Moved successfully for a new trial, which led to mediation and a favorable settlement ($225,000) for the apartment complex.
• Defended insurance adjuster in personal injury case where plaintiff suffered a severe and permanent hand injury when a tire exploded as he inflated it. Plaintiff’s claim against adjuster was based on his refusal to authorize payment for a new tire after the old tire was impacted in a collision. Obtained a verdict of no cause after a 10-day jury trial.
• Defended major paint manufacturer against product liability claim by factory owner for lost profits due to defective floor coating. Prevailed on motion for partial summary judgment, which dismissed $8 million lost profits claim.
• Represented same paint manufacturer in collection matter in which defendant sought to avoid debt of $100,000 by forming new company. After a bench trial, prevailed and obtained judgment of over $280,000 against both companies, which included counsel fees and interest.
• Served as part of team that defended religious organization in suit by 23 plaintiffs who claimed that they had been sexually abused. Primary author of trial and appellate briefs in support of motion for partial summary judgment, which resulted in a finding that the New Jersey Child Sexual Abuse Statute, which provided plaintiffs with a more favorable statute of limitations, was not applicable. That opinion was affirmed on appeal. See Smith v. Estate of Kelly, 343 N.J. Super. 480 (App. Div. 2001). Subsequently assisted in seven bench trials that all resulted in verdicts of dismissal based upon the statute of limitations. The claims of the remaining plaintiffs were then settled for minimal amounts.
• Represented a physician who sought to enforce an agreement whereby the senior member of the practice group would retire and sell his interest in the practice to the physician. Prevailed in a motion for partial summary judgment. Defendant appealed and the Appellate Division affirmed the trial judge’s imposition of a restrictive covenant on defendant, even though none had been included in the contract. See Graziano v. Grant, 326 N.J. Super. 328 (App. Div. 1999).
• Defended municipal redevelopment authority in case that challenged the authority of the city to take property by eminent domain under the New Jersey Fair Housing Act. Prevailed on summary judgment, which was affirmed by the Appellate Division. See Cramer Hill Residents v. Primas, 395 N.J. Super. 1 (App. Div. 2007). 
• Represented bank in action instituted by order to show cause to stop the defendant Internet marketer from using automatic telephone dialer to call thousands of bank customers who were falsely told to contact bank because they were entitled to refund of credit card application fee. The resulting calls disrupted the bank's telephone system. Successfully obtained preliminary injunction and later negotiated favorable settlement for bank.
• Defended company that arranges for medical services for prisoners in suit brought by hospital for medical services rendered. The hospital sought to recover the full amount billed — approximately $4 million under a theory of implied contract. Prevailed on motion for partial summary judgment, which resulted in the court dismissing the implied contract claim and which led to favorable settlement. See South Jersey Hospital v. Correctional Medical Services, 2005 WL 1410860 (D.N.J. 2005).
• Defended company that managed low-income housing in breach of contract case where total amount at issue was approximately $3 million. Prevailed on partial summary judgment based on the statue of limitations, which reduced the amount at issue to approximately $1.5 million.
• Defended HVAC contractor in suit by condominium owner for damages under New Jersey Consumer Fraud Act. Prevailed on motion for summary judgment.

Judicial Clerkships

Hon. Neil F. Deighan, Jr., Appellate Division, Superior Court of New Jersey, 1985-1986

Professional Activities

American Bar Association

New Jersey State Bar Association

Camden County Bar Association

New Jersey Institute of Continuing Legal Education, Instructor, civil trial preparation

University of Pennsylvania Mock Trial Program, Judge

Publications

"Improper Remarks During Openings and Closings; Should You Object?" New Jersey Law Journal, August 29, 2011

"Prior Settlement is Not a Bar to the Prosecution of a Subsequent Legal Malpractice Claim," New Jersey Law Journal, September 27, 2010

"Use of Laches in Cases With a Statute of Limitations," New Jersey Law Journal, September 28, 2009

"Municipalities Need To Go Above and Beyond the Provisions," New Jersey Law Journal, June 23, 2008

"Avoiding Redevelopment Litigation," New Jersey Law Journal, January 22, 2007

"It's Not Dead Yet: Using Eminent Domain to Construct Affordable Housing," New Jersey Lawyer, November 12, 2007

"Punishing the Corporation: Charitable Contributions as a Condition for Probation," 15 Rutgers Law Journal 1069, 1984

Speaking Engagements

"Using Social Media in Litigation: Ethical, Legal and Practical Issues," New Jersey Law Journal, In-House Counsel CLE Seminar, March 20, 2012

Rutgers, The State University of New Jersey School of Law-Camden (J.D. 1985, with honors)
Associate Editor, Rutgers Law Journal

University of Pennsylvania (M.S.Ed., 1975)

University of Pennsylvania (B.A. 1973, cum laude)

New Jersey

Pennsylvania

U.S. District Court for the District of New Jersey

U.S. Court of Appeals for the Third Circuit