Eliyahu S. Scheiman
Principal
Morristown, NJ
973.889.4232
esscheiman@pbnlaw.com
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Eli Scheiman has a knack for successfully managing complex matters with novel legal issues and challenging adversaries. He is adept at devising and implementing a consistent narrative and strategy through to final disposition. He believes that one of the absolute keys to providing excellent, cost-effective client service is maintaining positive and results-oriented relationships with adversaries and the courts. Eli concentrates in business litigation, insurance coverage, insurance regulations and compliance, management-side employment counseling and litigation defense, appellate work and defense of private and public entities in tort actions. In addition, he has counseled employers and businesses on emerging issues created by state legalization of cannabis and issues involving CBD; advised cannabis operators and prospective licensees regarding state requirements and opportunities; and presented on issues surrounding the federal/state cannabis dichotomy.
Eli is a principal in the firm's Litigation Practice Group.
Representative Matters
- Defense counsel to a public school district sued in a multi-million dollar civil lawsuit brought under the New Jersey Tort Claims Act involving the execution-style murder of three young adults and attempted murder of a fourth by a notorious criminal gang in a district schoolyard. The allegation against the district was that the schoolyard was in a "dangerous condition" because a gate to the property was open and criminal activity was foreseeable. After many years of litigation and nearly five weeks of trial, the district achieved a favorable resolution of the claims.
- Defense counsel to a public school district sued in a wrongful death action brought by the family of a contractor electrocuted and killed while performing work on a school building. Successfully obtained a dismissal of all claims against the school district and recovered attorneys’ fees from the contractor’s insurance company.
- Obtained summary judgment for pollution liability insurer against insured seeking to disregard policy's $1 million sub-limit applicable to underground storage tank claims for policy's $5 million limits applicable to general pollution conditions.
- Obtained summary judgment for professional liability insurer against $15 million breach of contract claim by insured based on claims-made reporting provisions of policy.
- Obtained summary judgment for professional liability insurer against $6.5 million breach of contract claim by insured based on claims-made reporting provisions of policy.
- Obtained dismissal of $9 million verdict against public entities in catastrophic tort case on remand from the New Jersey Supreme Court.
Organizations/Memberships
- NYC Cannabis Industry Association, Regulatory Committee
- Jewish Law Symposium, Advisory Board Member
- American Bar Association (ABA) Food & Supplements Subcommittee
- Defense Research Institute
- International Cannabis Bar Association, Chair, Legislative Advisement Committee
Publications
- Co-author, "Are Employment Rules Getting Hazier?," Cannabis Law and Policy, The Brief, Tort Trial and Insurance Practice Section, A Publication of the American Bar Association, Summer 2020.
- "Tax Rates In New York's Adult-Use Cannabis Market," A Joint Statement On Legalization & Taxation: New York City Cannabis Industry Association and Hudson Valley Cannabis Industry Association, June 12, 2020.
- "Data Privacy and Cybersecurity: Essential Risk Areas to Address in a Cannabis Compliance Program," Cannabis Business Executive, April 27, 2020.
- "Federal Illegality Be Damned - Employer Compulsory Reimbursement For Employee-Workers’ Compensation Medical Marijuana Use," Cannabis Business Executive, February 26, 2020.
- "Federal Illegality Be Damned - Employer Compulsory Reimbursement For Employee-Workers’ Compensation Medical Marijuana Use," Porzio Update, February 24, 2020.
- "Negotiating Indemnification Provisions and Agreements," National Business Institute, December 2017.
- "I'm Flexible, But Give Me A Break," Porzio Employment Law Monthly, October 2017.
- "Get Back Pay As Pay Back," Porzio Employment Law Monthly, November 2015.
- "Arbitration Language Should Be Plain and Understandable," Porzio Commercial Litigation Briefs, January 2015.
- "Don't Sit on Arbitration Rights," Porzio Commercial Litigation Briefs, March 2014.
Speaking Engagements
- "Social Justice - The Case for Free-Market Licensure," 2020 Cannabis Industry Marketplace Expo, December 10, 2020.
- "Responding to an Employee or Student Showing Symptoms, or Positive Test Results, for COVID-19," Porzio Employment Law Forum, October 27, 2020.
- “The Cannabis Law Referendum: You are Your Clients – What You Need to Know,” NJICLE, October 19, 2020.
- "Clearing the marijuana haze-what’s new in world of cannabis?" NJICLE's Recent Developments in NJ Law 2020, July 29, 2020
- "Latest Concerns in Labor and Employment," New Jersey Sate Bar Association's Corporate Counsel Institute, New Brunswick, NJ, January 30, 2020.
- "Cannabis Law Update," Porzio Employment Law Forum, October 2019.
- "Are Employment Rules Getting Hazier With Legal Marijuana?," ABA's Tort Trial and Insurance Section - From Regs to Riches: Navigating the Rapidly Emerging Fields of Cannabis and Hemp Law, Chicago, IL, September 20, 2019.
- "Cannabis Developments that May Impact Your Workplace," New Jersey State Bar Association's Corporate Counsel Institute, New Brunswick, NJ, January 31, 2019.
- "Cannabis Developments that May Impact Your Workplace," Porzio Employment Law Forum, Morristown, NJ, October 3, 2018.
- "Negotiating Indemnification Provisions and Agreements," National Business Institute, Newark, NJ, December 21, 2017.
- "New Regulations, Legislation, And Case Law Impacting Your Business," Porzio Employment Law Forum, Morristown, NJ, November 15, 2016.
- "Handling Emotions at Trial," Litigation Counsel of America, Trial Law Institute 2013 Forum, Chicago, IL, September 6, 2013.
- "Legal Update," Porzio Employment Law Forum, Morristown, NJ, December 3, 2012.
- "New Regulations, Legislation, and Case Law Impacting Your Business," Porzio Employment Law Forum, Morristown, NJ, November 17, 2011.
- "How to Conduct an Affirmative Action Investigation," Newark Public Schools, Newark, NJ, March 4, 2010.
Press Coverage
- "Forget the Blame Game, Here's How to Resolve the RFA Lawsuits So We Can Move Forward," NJ Cannabis Insider, May 2020.
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"Workplace Medical Pot Protections At Stake In NJ High Court," Law360, February 3, 2020.
Cannabis