Kurt Krauss has extensive litigation experience handling complex cases in the area of commercial and business disputes. His practice also concentrates on insurance coverage matters and professional malpractice, including attorney malpractice and public entity errors and omissions. In addition, Kurt defends sexual abuse claims against institutional and individual clients.

Kurt is trained in mediation and has served as a mediator in the Superior Court of New Jersey. Since 2006, he has served as an Attorney Investigator on overload cases for the New Jersey Supreme Court District X Ethics Committee. In addition, Kurt has been appointed by the Superior Court of New Jersey to serve as a Condemnation Commissioner in Morris County.

Kurt approaches the legal issues that his clients face with a rational, practical approach to achieve optimal results. He is detail-oriented, respectful of the client’s needs, and keenly aware of the urgency and cost factors that contribute to a satisfactory conclusion. A seasoned litigator, Kurt often acts as a sounding board for colleagues who appreciate the depth and breadth of his knowledge and his willingness to explore all the possibilities.

Areas of Focus

Commercial Litigation
Kurt has extensive litigation experience in the professional, commercial and business tort fields, including employment law as well as environmental litigation, insurance coverage and condominium law. Kurt also handles disputes related to the Uniform Commercial Code and probate litigation. His experience encompasses actions in both state and federal courts. During his career, Kurt has placed an emphasis on matters pending before Courts of Chancery, including unfair competition suits, estate litigation, trade secret litigation, restrictive covenants, and shareholder and partnership disputes. His experience with commercial and business disputes has also included land use and zoning matters, real estate and condominium law, condemnation and contract issues. In addition, Kurt has addressed matters of employment law and environmental litigation in state and federal courts.  He also represents condominium and townhouse association boards.

Employment & Labor
Kurt has nearly 30 years of experience prosecuting and defending employment agreements that include restrictive covenant and anti-solicitation provisions. He is particularly conversant in New Jersey Chancery Division practice and has served as a speaker for continuing education courses. Kurt appears in state and federal courts representing employers and employees in trade secret and restrictive covenant litigation and defends management in discrimination and wrongful discharge suits in federal and New Jersey state courts. Kurt also has experience with the investigation and civil prosecution of employee thefts at businesses and institutions that he represents and has defended white collar criminal matters.

Municipal
Kurt has experience in representing municipalities and governing boards in prerogative writ actions and error and omission claims. He also has handled interstate commerce issues in the context of local government authorities. His specific experience relates to efforts to restrict out-of-state waste haulers’ access to transfer stations.

Intellectual Property
Kurt has litigated intellectual property matters involving trademark, copyright infringement and trade secret litigation.

Railroad Litigation
Kurt has represented a major rail car manufacturer in commercial contract disputes involving the Uniform Commercial Code and bidding matters.

Professional Liability
For more than twenty years, Kurt has defended attorneys in legal malpractice claims and represented them statewide before ethics committees in grievances and matters that proceed to complaint.

    Education

    • Washington and Lee University School of Law (J.D., 1988)
    • Dickinson College (B.A., cum laude, 1985)

    Bar Admissions

    • New Jersey

    Court Admissions

    • U.S. District Court, District of New Jersey

    Professional Affiliations

    • American Bar Association
    • Morris County Bar Association, Trustee 2012-2016
    • Morris County Bar Association Professionalism Committee, Chairman 2016
    • Delbarton School, Morristown, NJ, Lay Board of Trustees
    • Full-time member of the New Jersey Supreme Court District X Ethics Committee; chairman, 2005-2006
    • Boonton Township Planning Board, vice chairman, 1998-2006

    Awards & Honors

    • Selected for inclusion in The Best Lawyers in America®, 2024-2026
    • Selected for inclusion in New Jersey Super Lawyers®, 2016-2025
    • AV® Preeminent™ Rated by Martindale-Hubbell

Kurt W. Krauss

Kurt Krauss has extensive litigation experience handling complex cases in the area of commercial and business disputes. His practice also concentrates on insurance coverage matters and professional malpractice, including attorney malpractice and public entity errors and omissions. In addition, Kurt defends sexual abuse claims against institutional and individual clients.

Kurt is trained in mediation and has served as a mediator in the Superior Court of New Jersey. Since 2006, he has served as an Attorney Investigator on overload cases for the New Jersey Supreme Court District X Ethics Committee. In addition, Kurt has been appointed by the Superior Court of New Jersey to serve as a Condemnation Commissioner in Morris County.

Kurt approaches the legal issues that his clients face with a rational, practical approach to achieve optimal results. He is detail-oriented, respectful of the client’s needs, and keenly aware of the urgency and cost factors that contribute to a satisfactory conclusion. A seasoned litigator, Kurt often acts as a sounding board for colleagues who appreciate the depth and breadth of his knowledge and his willingness to explore all the possibilities.

Events

Kurt Krauss has extensive litigation experience handling complex cases in the area of commercial and business disputes. His practice also concentrates on insurance coverage matters and professional malpractice, including attorney malpractice and public entity errors and omissions. In addition, Kurt defends sexual abuse claims against institutional and individual clients.

Kurt is trained in mediation and has served as a mediator in the Superior Court of New Jersey. Since 2006, he has served as an Attorney Investigator on overload cases for the New Jersey Supreme Court District X Ethics Committee. In addition, Kurt has been appointed by the Superior Court of New Jersey to serve as a Condemnation Commissioner in Morris County.

Kurt approaches the legal issues that his clients face with a rational, practical approach to achieve optimal results. He is detail-oriented, respectful of the client’s needs, and keenly aware of the urgency and cost factors that contribute to a satisfactory conclusion. A seasoned litigator, Kurt often acts as a sounding board for colleagues who appreciate the depth and breadth of his knowledge and his willingness to explore all the possibilities.

Kurt W. Krauss

Krauss & Pegno Awarded Summary Judgment in Premises Liability Matter Dismissed with Prejudice

Kurt Krauss (Partner-Madison, NJ) and Kristine Pegno (Of Counsel-Madison, NJ) defended a property owner in a case involving a claim for injury resulting from a fall on premises owned by the client, who had leased the property under the terms of a triple net lease to the tenant, including a provision that all maintenance and repairs were the responsibility of the tenant. The plaintiff was working on the subject premises as a truck driver at the time of his accident and had already brought a workers’ compensation claim against his employer when he separately sued our client. The initial summary judgment motion was denied based on what the judge found to be an issue of fact regarding whether there was one or more lessees under the master lease agreement. Following additional discovery and several other related motions, the motion for summary judgment was refiled. Based on the fully developed record, Union County Superior Court found that the terms of the lease placed all responsibility for maintenance and repair on the tenant and that, under such circumstances, the property owner owed no duty to the plaintiff as a matter of law. The court separately granted Summary Judgment as to Count II of the Complaint, which was a negligent construction claim, finding that the plaintiff’s admissions in discovery about the location of his fall rendered the claim legally untenable. As such, this was a terrific win for our client! 

Kurt W. Krauss and Kristine Y. Pegno

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