david new

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David New

Attorney and Arbitrator
Email: dnew@newandnewlaw.com | Phone: 862.210.8220

David W. New joined the firm in 1984 as an associate becoming a partner in 1988. Since inception, Mr. New has been standing counsel to the Trustees of many employee benefit funds, being appointed predominantly by Management Trustees of pension, annuity, welfare, education, vacation, apprenticeship, industry advancement and other employee benefit plans. These funds cover union employees of many industries including trucking, warehousing, manufacturing, maintenance, construction, roofing, sheet metal work, hotel/apartment management, manpower and clerical staff. During the course of this representation, he has been involved in nearly every aspect of ERISA law addressing multi-employer plans.

Mr. New has represented Employers engaged in these same industries, counseling and litigating both employee benefit and labor issues. This has involved a variety of issues including negotiating collective bargaining agreements, defending delinquent contribution claims, handling disciplinary proceedings, and a great number of ERISA based actions.

During the course of his years of practice, Mr. New had gained particular expertise in the handling of withdrawal liability matters. This specialty has resulted in many referrals from accountants and other lawyers as the number of attorneys capable of handling these types of cases is very limited.

Due to his expertise, Mr. New has been accepted by the American Arbitration Association to be on their Multi-employer Pension Plan Arbitrator roster, hearing exclusively Withdrawal Liability and Trustee Deadlock issues.

In addition to labor based matters, Mr. New has had vast experience in the handling of both commercial and residential real estate transactions, commercial litigation and commercial transactions.

Mr. New favors a practical approach towards resolving problems and disputes facing his clients. Litigation is usually not the best alternative to solving problems. Settling matters short of litigation saves clients' money, time and resources and can bring about speedier conclusions.

EDUCATION

  • Yeshiva University/Benjamin N. Cardozo School of Law, New York, New York, Juris Doctor, 1983
  • Drew University, Madison, New Jersey, Bachelor of Arts, 1980

BAR ASSOCIATIONS AND AFFILIATIONS

  • Member of the American and New Jersey Bar Associations.
  • Served as co-chairman of the New Jersey Bar Association/Labor Law Section ERISA Committee.
  • Member of the International Foundation of Employee Benefits since 1984.
  • Enrolled Arbitration on the American arbitration association multi-employer pension plan abrogation.

ADMISSIONS

  • New Jersey Bar, 1983.
  • United State District Court for the District of New Jersey.
  • United States Court of Appeals for the Third Circuit.
  • United States Court of Appeals for the Second Circuit.
  • United States Supreme Court.
  • Admitted Pro Hac Vice on various occasions in the Southern District of New. York, Eastern District of New York, Northern District of New York, Central District of Pennsylvania, and District of Virginia.

LECTURES CONDUCTED

  • Seminar for arbitrators of the New Jersey State Board of Mediation seeking to conduct withdrawal liability arbitration hearings.
  • Lectured at several continuing education seminars. Topics included ERISA implications of plant closures, delinquent contribution litigation, and various withdrawal liability issues impacting employers.

NOTABLE DECISIONS

  • Board of Trustees of TENJ v. Kero Leasing, 377 F. 3d. 288 (3d. Cir. 2004)
  • Trucking Employees of North Jersey Welfare Fund v. Bellezza, 57 Fed. Appx. 972 (3d. Cir. 2003)
  • Zak v. Ultimate Distribution, et al, 2006 U.S. Dist. Lexis 89005 (D.N.J. 2006)
  • Board of Trustees v. Canny, 1995 U.S. Dist. Lexis 15539 (N.D.N.Y. 1995)
  • Trucking Employees of North Jersey Welfare Fund v. Carmin Ezzo Trucking, 1995 U.S. Dist. Lexis 7366 (D.N.J. 1995)
  • Trucking Employees of North Jersey Welfare Fund v. Gotham Fuel, 860 F. Supp. 1044 (D.N.J. 1993)
  • Diamond Local 807 Labor-Mgmt. Pension Fund, 2014 US Dist. Lexis 15952 (2014), affirmed 595 Fed. Appx. 22 (2d Cir. 2014)
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