BY LINH TAT
STAFF WRITER |
THE RECORD
NEWARK - A federal judge has denied a bid by attorneys for Joseph M. Sanzari for an order that would have barred his opponents in a civil lawsuit from making public any statements linking the prominent public works contractor to alleged criminal conduct or Mafia-related activities.
Sanzari and two of his companies are accused of dumping 6,000 cubic meters of hazardous waste on a leased property in North Bergen, according to a 2013 lawsuit filed by the landlord, AMA Realty of Allendale. It alleged the waste came from an asphalt-recycling operation next door that the defendants owned.
Sanzari's lawyers - who have denied any wrongdoing by their client or his companies - argued that Sanzari was being defamed by references to such terms as "Mafia,""organized crime,""mob" and "crime scene" made by the plaintiff in pursuit of its lawsuit, which is based in part on the federal Racketeer Influenced and Corrupt Organizations Act.
The law, a key weapon for federal prosecutors battling organized crime, may also be used by private parties in civil cases who claim they have been damaged by an ongoing "enterprise" or racket. Successful claimants are allowed to collect triple damages.
Judge Steven C. Mannion wrote, in an opinion dated March 23, that there is usually another means for addressing claims of defamation other than an injunction, also pointing out that he had not been provided sufficient information to determine that Sanzari had indeed been defamed.
The judge then reminded both parties that they are to handle themselves properly during litigation and, citing prior case law, reminded them that the court has the authority to sanction individuals "who fail to meet minimum standards of conduct."
"This litigation is still in its discovery stage and the disputes between the parties and counsel have likely only begun," Mannion wrote. "Each should also be tempered in their conduct and understand that litigation immunity has its limits."
John Daniels, an attorney for AMA, said Thursday that they were pleased with the judge's opinion.
"It enables Plaintiff to prosecute his case in an open manner," Daniels said. "But Plaintiff is also sensitive to Judge Mannion's comments and is guided accordingly."
When reached for a comment Thursday, Henry Klingeman, attorney for Sanzari, said, "We will continue to pursue the case in court."
Email: tat@northjersey.com