Pat is an experienced litigator who is proficient in handling all phases of litigation from investigation to trial. Pat also has substantial experience in transactional and corporate work. For over 25 years, he has represented a variety of corporate and individual clients in all aspects of complex litigation and transactions. His experience includes representing parties in contracts, land use, real property, collections, workouts, preference claims, fair debt collection, lien law, surety, consumer fraud, insurance defense, construction, easements, restrictive covenants, estate and probate, corporate breakup and dissolution, fraud and misrepresentation, warranty and UCC disputes.
Pat’s litigation and commercial experience allows him to provide sound legal advice and strong representation to his clients, including software companies, general contractors, subcontractors, suppliers, business owners, accountants, and fiduciaries including executors and trustees. Pat will work with a client to achieve the client’s goals in any legal matters, using not only the law but a common sense and practical approach, always keeping in mind the costs of risks of litigation.
Of Counsel, Morgan Melhuish Abrutyn, 2010-Present
Of Counsel, Schwartz Simon Edelstein Celso & Zitomer, 2007-2010
Partner, Clemente Mueller & Tobia, 1992-2007
Public Defender, Township of Fairfield, 1994-1995
Associate, then Partner, Whipple Ross & Hirsc, 1986-1992
Law Clerk, Honorable John A. Marzulli, Assignment Judge of the New Jersey Superior Court, 1985-1986
Law Clerk, Dwyer Connell & Lisbona, 1983-1985
US District Court for the District of New Jersey
US Court of Appeals for the Third Circuit
JD, Seton Hall University School of Law, 1985
Associate Editor and Member, Seton Hall Legislative Journal, 1984-1985
BA, Rutgers College, Rutgers University, 1982
Patrick D. Tobia to Present at New Jersey ICLE Seminar Patrick D. Tobia to present at the upcoming New Jersey ICLE Seminar, on October 11, 2018. » Read More Arthur J. Raimon and Patrick D. Tobia to Present at Advanced Collection Law Seminar The National Business Institute selected Arthur J. Raimon and Patrick D. Tobia to present at their Advanced Collection Law Seminar on November 12, 2014. » Read More
Rated AV Preeminent 5.0 out of 5 by Martindale-Hubbell
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Certified by the Supreme Court of New Jersey as a Mediator
Member, Morris County Bar Association
Member, New Jersey Bar Association
Member, New Jersey Creditors Bar Association
Master and Barrister, Seton Hall Alumni Association Inn of Court
Pat successfully represented fiduciaries/trustees in disputed estate and trust matters. In a recent case involving complex Wills and Trusts, Pat obtained a result favorable to his client, the trustee, successfully avoiding liability against the trustee and obtaining a resolution of the trustee’s monetary claims against the other parties. In a prior trust matter Pat obtained a favorable settlement for his client, a trustee/beneficiary, allowing the beneficiary to retain a valuable and cherished piece of real property that had belonged to her parents but were subject to claims by other beneficiaries.
Pat successfully represented the Montville Board of Education as an intervenor in an administrative matter involving a challenge to PSE&G’s proposed expansion and upgrade of high voltage power lines. This multi-party suit which was tried for several days before the Board of Public Utilities. The Montville Board of Education was one of the only parties to obtain affirmative relief from the Board of Public Utilities, which directed PSE&G to work with the Montville Board of Education on an alternate design and relocation of the power lines because they ran behind a school.
Pat successfully represented a property owner/real estate developer in a consumer fraud action against a contractor who had been hired to do renovation work on an historic home. The case was tried before a jury and the jury found consumer fraud violations against the contractor.
Speaker, "Brand New Court Rules for Complex Business Litigation," New Jersey ICLE Seminar; October 2018
Co-author as part of a committee for the newly adopted set of rules for the New Jersey Superior Court's Complex Business Litigation Program which were approved in the summer of 2018 effective September 1, 2018. The proposed rules, based in large part on the Federal Rules of Civil Procedure and the rules of specialized business courts in other states such as NY and DE, are intended to make complex business litigation more efficient in the Superior Court.
Speaker, "Collection: Seeking and Collecting a Judgment," National Business Institute; May 2013
Co-Author, "Collection: Seeking and Collecting a Judgment," Chapters Concerning the New Jersey Construction Lien Law and Fraudulent Conveyances, National Business Institute; May 2013
Co-Author, “An Analysis of Causation Under the Home Improvement Practices Law” – New Jersey Lawyer Magazine; 2008
IMO The Petition of Public Service Electric and Gas Company for a Determination Pursuant to the Provisions of N.J.S.A. 40:55d-19 (Susquehanna – Roseland Transmission Line) Docket No. Em09010035, State of New Jersey, Board of Public Utilities, April 21, 2010 (www.nj.gov/bpu).
Board of Educ. of the Twp. of Cherry Hill v. Human Resources Microsystems, Inc., 2010 U.S. Dist. LEXIS 102293, 2010 WL 3882498 (D.N.J. 2010).
Perkins v. Washington Mut., FSB, 655 F. Supp. 2d 463 (D.N.J. 2009).
Perkins v. Washington Mut., FSB, 637 F. Supp. 2d 256 (D.N.J. 2009).
Stone v. Kahr Props., LLC, 2008 N.J. Super. Unpub. LEXIS 1750, 2008 WL 5213317 (App. Div. 2008).
Sackman Enters., Inc. v. 309 Asbury Corp., 2006 N.J. Super. Unpub. LEXIS 1126, 2006 WL 1507668 (App. Div.), certif. denied, 188 N.J. 356 (2006).
In re Rivera, 342 B.R. 435 (Bktcy. D.N.J. 2006).
Kerr v. Able Sanitary and Envtl. Sevs., Inc. , 295 N.J. Super. 147 (App. Div. 1996).
Estate of Pinter v. McGee, 293 N.J. Super. 119 (App. Div. 1996).
Sheplers Catalog Sales, Inc. v. Old West Dry Goods Corp., 830 F. Supp. 566 (D. Kan. 1993).