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Recent Cases
DEMP Secures Discharge of Lis Pendens on Multi-Million Dollar Property
The firm recently scored a significant victory for its client when it secured an Order in the Law Division of the New Jersey Superior Court discharging a lis pendens that had been placed on a client’s property. The lis pendens was originally placed on the property during the course of an ongoing complex litigation matter involving significant construction and contract issues. The result was achieved following significant motion practice and oral argument. As a result, our client now has unencumbered use of his multi-million-dollar property. The matter was handled and argued by DEMP partner Brian W. Keatts. Should you be involved in a property dispute or any have other issues related to land use or title questions, click here or call 732-462-7170 to contact the firm’s business and litigation department to discuss how we may be able to assist.
DEMP Repels Effort to Restrict Religious Freedoms
The freedom to practice one’s religious beliefs is one of the most sacred freedoms that citizens enjoy. During the course of a dispute that is being litigated, our client sought to exercise his religious freedom by exploring a resolution of the dispute in accordance with his beliefs (in a venue commonly referred to as “Rabbinical Court”). In response, our adversary sought relief in New Jersey Superior Court – filing a motion seeking to prevent our client from exercising his beliefs in Rabbinical Court. Our firm successfully opposed the motion, convincing the court to deny the motion. The matter is being handled by DEMP partner Brian W. Keatts, who argued the matter before the court. Should you have any questions regarding your options in addressing any dispute that you or your business may be involved in, please reach out to our business and litigation department at 732-462-7170 or click here to complete the inquiry form.
DEMP Earns Defense Verdict at Trial – Successfully Defeating a Claim Alleging Inverse Condemnation
The firm recently completed a multi-day trial, achieving a total victory for its client in defense of a claim alleging inverse condemnation. The plaintiff alleged that purported actions taken by our client in an area adjacent to the plaintiff’s property resulted in periodic flooding and related damage to the property. This was a hotly contested litigation that involved intricate expert evaluation and testimony. DEMP prevailed at trial, earning a complete victory for its client. The matter was handled by DEMP partner Brian W. Keatts, who served as lead trial counsel. with Rajeev Venkat serving a second chair at trial. DEMP has significant experience in pursuing and defending condemnation matters. Should you have questions regarding a potential condemnation matter – or any other business-related dispute – please contact our business and litigation department via this link or call 732-462-7170 to explore how we might be of assistance.
Davison Eastman Muñoz Paone, P.A.
Brian W. Keatts
Brian Keatts’s trial experience includes serving as special counsel for the State of New Jersey, Department of Environmental Protection (DEP), in connection with the NJ’s joint beach replenishment program along portions of New Jersey. Brian also has experience representing architects, engineers and attorneys against claims of professional malpractice. He has provided counsel to interstate natural gas companies in project planning, construction and all associated litigation, as well as to private utilities and governmental agencies in planning and getting their projects built.
Brian Keatts’s practice focuses on all facets of complex commercial litigation and general liability matters, including construction claims and related litigation, drafting property right agreements, contractual disputes, condemnation/eminent domain, consumer fraud claims, regulatory claims and licensing (e.g., A901 licensing), and various tort and business interruption claims. He regularly represents clients at mediation, arbitration, commissioner hearings, and state and appellate courts. Brian works extensively with clients in analyzing issues, forming litigation strategies when necessary, and directing a team to implement those strategies.
Education
- New York Law School, J.D.
- The Ohio State University, B.A. (Journalism)
Admissions
- New Jersey
- New York
- Pennsylvania
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern, Southern and Northern Districts of New York
- U.S. District Court, Southern and Western Districts of Texas
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, D.C. Circuit
Practice Areas
- Business Law
- Business Litigation
- Commercial Real Estate
- Construction Law
- Energy & Environment Law
Events & Activities
- October 2025: 60-min Webinar, “EMINENT DOMAIN: Is It REALLY Your Property?” with New Jersey Business & Industry Association (NJBIA) LINK to ARCHIVED EVENT
- October 2024: Expert Panel Moderator, New Jersey Business & Industry Association (NJBIA) 4th annual Energy Conference, “Building Decarbonization: Can We Get There and How?”
Memberships and Affiliations
- The Jersey Shore Partnership, Board of Directors
- Monmouth Bar Association
- New Jersey State Bar Association
- Monmouth Ocean Development Council (MODC) Energy & Environment Committee
Reported Cases Include:
- Scaduto v. State, 474 N.J. Super. 427; 288 A.3d 1261 (App. Div. 2023)
- State v. 10.041 Acres of Land in the Borough of Point Pleasant Beach, 463 N.J. Super. 292 (App. Div. 2020).
- Bhatti v. Federal National Mortgage Association, et al., 2018 WL 357292 (N.D.N.Y. 2018)
- Gonzalez v. Federal National Mortgage Association, et al., 2016 WL 4260782 (D.N.J. 2016)
- Garza v. Green Tree Servicing, LLC, 2015 WL 11669645, (W.D. Texas, San Antonio Division 2015)
- Fossing v. Townsend Motor Inn, Inc., 72 A.D.3d 884; 900 N.Y.S.2d 101 (2d Dept. 2010)
- TMB Communications v. Preefer, 61 A.D.3d 450; 883 N.Y.S.2d 904 (1st Dept. 2009)
- Lichtenstein v. Fantastic Merchandise Corp., 46 A.D.3d 762; 850 N.Y.S.2d 463 (2nd Dept. 2007)
- Zaslowsky v. J.M. Dennis Construction Company, Corp., 26 A.D.3d 372; 810 N.Y.S.2d 484 (2d Dept. 2006)
- In the Matter of Markowitz, 28 A.D.3d 667; 813 N.Y.S.2d 660 (2d Dept. 2006)