Attorney client NIGHTMARE story. Attorney Madden is hired to handle Equal Employment Opportunity lawsuit. Madden was proven to have completely bunggled the lawsuit by his incompetence. Client won a $1.6 MILLION judgment against Madden but receive zero relief of a single dollar. Madden is DISBARRED because "he spent his clients’ funds on alcohol, gambling and phone sex." Madden files Bankruptcy and the client is now forced to pursue his claim. So to recap - the CLIENT sued his ex-employer which he lost due to extreme incompetence of attorney Madden. Client sues Madden and wins malpractice lawsuit but cannot collect damages due to BK filing. Now the CLIENT has to sue for a THIRD time the Insurance Company. It never ends for the PEOPLE of the public against this corrupt judicial system.
Ex-Roche Worker Sues Insurer Over $1.6M Malpractice Ruling against now Disbarred NJ Attorney James Madden
A former F. Hoffmann-La Roche Ltd. employee has hit an insurer with a lawsuit in New Jersey state court to recover a roughly $1.6 million judgment he won against a disbarred attorney for allegedly botching his disability discrimination lawsuit against the pharmaceutical company.
Robert J. Santucci asserted that Twin City Fire Insurance Co., a subsidiary of the Hartford Financial Services Group Inc., must cover the judgment under a policy issued to James Madden, saying he cannot collect the money because the lawyer has declared bankruptcy, according to the complaint filed March 29 in Essex County Superior Court.
“Plaintiff is the intended beneficiary of Madden's insurance policy and should be entitled to collect the judgment against Twin City,” the complaint states. “Plaintiff is unable to collect the judgment against Madden due to Madden's insolvency and bankruptcy, and Twin City is liable for said judgment.”
The New Jersey Supreme Court disbarred Madden in January over unrelated matters, including claims that he spent his clients’ funds on alcohol, gambling and phone sex.
Santucci initially filed a legal malpractice lawsuit against Madden in 2009 over claims that, while representing him, the attorney mishandled the case brought against Hoffmann-La Roche in 2002.
Santucci alleged that he was injured on the job and, following two surgeries, restrictions on his activities were put in place, according to an amended version of the malpractice lawsuit.
In 2000, Hoffmann-LaRoche allegedly forced Santucci to violate his medical restrictions and caused permanent injury to his spine and legs, the lawsuit states. The company later failed to accommodate Santucci and created a hostile work environment, the lawsuit states.
Santucci filed a complaint against the company in 2001 with the federal Equal Employment Opportunity Commission, which ultimately found that he was denied a reasonable accommodation for his disability and issued a right to sue letter, according to the lawsuit.
“Hoffmann-LaRoche retaliated against plaintiff because of his disability, his complaints regarding their failure to make reasonable accommodations for his disability, his workman's compensation claims, and his complaint to the EEOC,” the lawsuit states.
Nearly a year after Madden filed the lawsuit on Santucci's behalf, the company allegedly fired Santucci in retaliation for the lawsuit and reporting Hoffmann-La Roche's discriminatory conduct, the lawsuit states.
But Santucci said Madden never prepared his “damage claim,” and while the attorney was asked by Hoffmann-LaRoche for a settlement demand, Madden refused to provide one, according to the lawsuit. Santucci also claimed that Madden refused to return his phone calls and failed to contact Santucci's witnesses despite repeated requests to do so, the lawsuit states.
Hoffmann-LaRoche ultimately filed a motion for summary judgment in November 2005, the lawsuit states. However, Madden failed to file papers opposing the motion, and the motion was granted as unopposed in January 2006, according to the lawsuit. Madden later failed to file a motion for reconsideration, the lawsuit states.
“Due to Madden's negligence, plaintiff has irrevocably lost his ability to recover against Hoffmann-LaRoche. Had Madden competently represented the plaintiff in accordance with the standards of his profession, the plaintiff would have obtained a substantial recovery,” the lawsuit states.
During the malpractice litigation, Madden filed a third-party complaint against Twin City seeking coverage for the malpractice action, court documents state. That complaint was ultimately dismissed.
In the instant action, Santucci said in his complaint: “Twin City successfully asserted that Madden could not proceed against Twin City unless and until Santucci's attempt to collect a judgment from Madden was unsuccessful.”
A New Jersey state court last June entered a judgment in favor of Santucci and against Madden in the amount of $1,611,513.85, court documents state. About three months later, Madden filed for Chapter 7 protection and listed Santucci as a creditor. The bankruptcy case was later closed and then reopened in February.
Counsel for Santucci and representatives of Twin City could not immediately be reached for comment Monday.
Santucci is represented by Kenneth S. Thyne of Roper & Thyne LLC.
Counsel information for Twin City was not immediately available.
The case is Robert J. Santucci v. Twin City Fire Insurance Company, case number L-2304-17, in the Superior Court of New Jersey, County of Essex.