Daniel J. Kluska is a shareholder in the Business and Commercial Litigation team at Wilentz, Goldman & Spitzer, P.A. In connection with his business and construction litigation practice, Mr. Kluska regularly represents owners, builders and developers in lawsuits arising out of the construction of numerous types of projects, including condominium developments, residential communities and single-family homes, involving claims of construction and design defects, project-related misrepresentations, and alleged breaches of warranty. Mr. Kluska is also experienced in representing law firms of all sizes at both the trial and appellate review level in actions involving allegations of legal malpractice, breach of fiduciary duty, civil conspiracy and fraud. In addition, Mr. Kluska counsels and represents businesses and individuals in complex cases involving legal issues such as contract disputes, professional negligence, Consumer Fraud Act claims, unfair competition, restrictive covenant and trade secrets litigation, shareholder and partner disputes, class action defense and other multifaceted business matters.

Mr. Kluska is a dedicated member of Wilentz. He is on the firm’s Business Development committee focused on establishing and strengthening the firm’s relationships with current and prospective clients. Previously, he served as the Chair of the firm’s Associates Committee, where he spearheaded discussions and efforts to develop and provide educational and social programs for the professional growth of the firm’s associates, and acted as a liaison between the firm’s associates and management.

Prior to joining the firm, Mr. Kluska served as a judicial law clerk for the Honorable Neil H. Shuster, Presiding Judge, Chancery Division and the Honorable Maria M. Sypek, Presiding Judge, Chancery Division of the Superior Court of New Jersey, from which he received an invaluable firsthand insight into the court’s management and disposition of cases and active involvement in settlement negotiations that continues to assist him with his practice today.

Mr. Kluska is a Rutgers football and men’s basketball season ticket holder, avid traveler and enjoys golfing, running and reading.

  • Representation of national real estate developer in lawsuits filed by condominium and homeowners’ associations after control of association board transitioned from developer to unit owners
  • Secured dismissal of all claims in middle of jury trial defending owner of car wash sued for unlawfully interfering with contract between prior owners of car wash
  • Won summary judgment in federal court for international law firm in legal malpractice action alleging fraud and aiding and abetting the client to breach fiduciary obligations to plaintiff; decision affirmed by Third Circuit Court of Appeals
  • Obtained injunction in federal court for non-profit alliance of food retailers prohibiting State of New Jersey from collecting unused gift card funds under newly-enacted legislation in violation of Supreme Court precedent; decision affirmed by Third Circuit Court of Appeals
  • Obtained summary judgment for regional law firm in legal malpractice action alleging improper advice to plaintiff based on finding that plaintiff’s expert’s opinion was an inadmissible net opinion

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