DeNittis Osefchen Prince, P.C.

Attorney Stephen DeNittis

Bar Admissions:

• New Jersey, 1997
• Pennsylvania, 1997
• U.S. District Court District of New Jersey, 1997
• U.S. District Court Eastern District of Pennsylvania, 2006
• U.S. District Court Middle District of Pennsylvania, 2018
• U.S. District Court Western District of Tennessee, 2012
• Third Circuit Court of Appeals, 2012
• U.S. Supreme Court, 2007

Education:

• Widener University School of Law, Harrisburg, Pennsylvania, 1997
  J.D.
• Rutgers University, Camden, Camden, New Jersey, 1992
  B.A. Major: Economics

Professional Memberships and Achievements:

• Board Member – Vice-President, Ronald McDonald House Charities – Southern New Jersey 2012 – present
• Board Member – Secretary, Moorestown Soccer Club, 2013 – 2018
• Board of Governors, New Jersey Association of Justice, 2012 – present
• Co-Chair of the Consumer Section, Board of Governors, New Jersey Association for Justice 2014-present
• New Jersey Association for Justice
• American Association for Justice
• New Jersey State Bar Association
• Burlington County Bar Association: Personal Injury Committee
• Burlington County Bar Association: Civil Practice Committee
• Camden County Bar Association: Class Action Practice Committee
• Camden County Bar Association: Personal Injury Committee
• Camden County Bar Association: Civil Practice Committee
• American Bar Association
• Philadelphia Bar Association
• New Jersey State Bar Association: Class Action Law Committee
• New Jersey State Bar Association: Products Liability Law Committee

Wage and Hour and Employment Class Actions

$43,500,000 – Poole v. Merrill Lynch

Stephen DeNittis was one of the Executive Committee Counsel in the action captioned Jeffrey Poole v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Case No. CV-06-1657 (“Poole”). The action was brought on behalf of Financial Advisors and Financial Advisor Trainees of Merrill Lynch. The action alleged that Merrill Lynch failed to pay its Financial Advisors for overtime that they worked in violation of the Fair Labor Standards Act (“FLSA”), a federal statute, and various state wage and hour laws. The action also alleged that Merrill Lynch had improperly taken business expenses, such as the salary for financial assistants and errors in transactions with clients, from the wages of its Financial Advisors in violation of various state wage and hour laws.

$5,000,0000 Settlement

The attorneys at DeNittis Osefchen secured $5 million against a major U.S. Bank for alleged wage and hour violations and alleged illegal deductions from pay for a class of approximately 2,000 financial advisors. The U.S. Bank’s name cannot be disclosed due to a non-disparagement agreement entered into between the parties not to advertise the settlement.

$600,000 Overtime Settlement Kaufmann v. Commerce Capital

Stephen DeNittis was lead counsel in the action captioned Kaufmann v. Commerce Capital, Case No. CV-06-cv-04664 (RBK). The Kaufmann action, was brought on behalf of 138 Financial Advisors and Financial Advisor Trainees of Commerce Bank. The action alleged that Commerce Bank failed to pay its Financial Advisors for overtime that they worked in violation of the Fair Labor Standards Act (“FLSA”), a federal statute, and various state wage and hour laws. The action also alleged that Commerce Bank had improperly taken business expenses, such as the salary for financial assistants and errors in transactions with clients, from the wages of its Financial Advisors in violation of various state wage and hour laws.

$375,000 Overtime Settlement Hyman and Bernhard v. TD Bank – Case No. 08-cv-4392 (RBK)

Stephen DeNittis was lead counsel in the action. The action alleged that TD Bank failed to pay its Financial Advisors for overtime that they worked in violation of the Fair Labor Standards Act (“FLSA”), a federal statute, and various state wage and hour laws. The action also alleged that TD Bank had improperly taken business expenses, such as the salary for financial assistants and errors in transactions with clients, from the wages of its Financial Advisors in violation of various state wage and hour laws.

Consumer Fraud Class Actions

$9,000,000 – DeMarco v. National Collector’s Mint, 229 F.R.D. 73 (S.D.N.Y. 2005)

The settlement, on behalf of a class of 176,000 people, provided a full refund (equaling almost $9,000,000) to people who bought the Freedom Tower Silver Dollar from National Collector’s Mint, Inc. (NCM) between September 1, 2004 and May 31, 2005. The class complaint alleged that NCM misrepresented the authenticity of the Freedom Tower Silver Dollars it sold to consumers. The class also claimed that NCM violated the Hobby Protection Act 15 U.S.C. § 2101(b) and should have marked the Freedom Tower Silver Dollars they sold with the word “COPY”. The case was a matter of first impression in the United Stated District Court for Southern District of New York, and is now a published opinion in the Federal Reporters. September 2005.

$5,500,000 – Pandel v. Tristar Inc. et. al.

A $5,500,000 settlement was reached with defendant Tristar Inc. for a class of over 1 million purchasers, of the widely advertised electronic stimulated exercise belts called the Fast Abs. The settlement provided refunds to members of the class. The members of the class alleged that the marketers of Fast Abs falsely advertised that users would get “six pack” or “washboard” abs without exercise. August 2003.

$5,500,000 – Arnold & Tiefert v. Ambassadors International, et. al – Civil Action No. 01 2020 (JEI)

A $5,500,000 valued settlement, (combination, of cash funds and vouchers) for a class of 10,000 students who were allegedly induced through misrepresentations and false advertising to participate in an international sports tournament which was promoted by defendants. June 2002

Window Inspection and Repairs for 1,175 Homeowners – Cooper v. Windowizards Inc. and OKNA Windows Corporation 09-cv-5509

Stephen Denittis was lead counsel in a consumer fraud class action against windows retailer Windowizards, Inc. and windows manufacturer OKNA Windows Corporation. In the settlement, defendants agreed to inspect and repair approximately 10,000 windows owned by 1,175 class members who live in New Jersey and purchased windows from the defendants between January 1, 2006 and July 31, 2009. The lawsuit claimed that Windowizards and OKNA made false statements and promises in the marketing literature used to sell the windows. Specifically, the marketing literature stated that the ComfortWeld Windows contained foam insulation in the window sashes and frames. The lawsuit alleged the windows did not contain foam insulation as promised by defendants.

$240,000 valued settlement. Dubler v. Aquahab

Stephen DeNittis and Joseph Osefchen prosecuted several claims against defendant alleging several consumer law violations dealing with Aquahab’s health club service agreements. After litigating the matter for two years a class action settlement was struck wherein approximately class members received 1 month free health club services. January 2012.

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