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James A. Kellar
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James A. Kellar

Partner

973.849.4081
Newark
jkellar@mccarter.com

James Kellar is a well-versed litigator with first-chair trial experience who represents businesses and individuals in commercial disputes across a wide range of industries.

Clients come to Jim to handle disputes involving commercial lending, bankruptcy, real estate, and construction matters. He routinely represents lenders and special servicers concerning defaulted commercial loans, commercial foreclosure actions, intercreditor disputes, and related lawsuits. Jim defends banks and other lenders in litigation regarding counterfeit and forged documents, credit reporting disputes, consumer protection statutes, and lender liability claims.

In his bankruptcy practice, Jim represents creditors and trustees in prosecuting or defending numerous adversarial bankruptcy proceedings involving director and officer litigation and attempts to recover fraudulent transfers and preferential payments.

Jim’s real estate and construction litigation experience includes handling foreclosures, landlord-tenant matters, and easement disputes and, in the construction sector, representing owners, contractors, and suppliers concerning mechanic’s liens, payments disputes, and other disputes affecting construction projects. Jim also assists these clients in drafting and negotiating agreements for construction services.

Jim also has extensive experience advising on matters involving New Jersey’s Open Public Records Act and similar sunshine laws.

Active in the legal education community, he serves as a coach with Seton Hall University School of Law’s Interscholastic Moot Court program. Jim also devotes time to pro bono matters each year, including advising homeowners in contractor disputes after Hurricane Sandy, analyzing disability appeals for veterans, and representing a victim of domestic violence in obtaining a restraining order.

Representative Matters

Private individuals—Easement dispute trial win

Obtained a favorable ruling at trial for the owners of landlocked, oceanfront property in an easement dispute with adjacent property owners involving an issue of first impression under New Jersey law.

Deborah Heart and Lung Center—Appellate win

Successfully defended against efforts by the former head of the IRS Office of Tax-Exempt Bonds to use New Jersey’s Open Public Record Act to obtain Deborah’s tax return information and other records relating to the IRS’s examination of a bond transaction between the New Jersey Health Care Facilities Financing Authority and Deborah Hearth and Lung Center.  The Appellate Division affirmed that the tax records were confidential and that disclosure was prohibited under the Internal Revenue Code.

Highlights

Recognitions

Recognition image 10957
The Best Lawyers in America, Ones to Watch, Real Estate Law, New Jersey, 2021–2022
Recognition image 10959
New Jersey Rising Star, Super Lawyers,  2014–2022
Ranking Disclaimers: No aspect of this advertisement has been approved by the Supreme Court of New Jersey. For The Best Lawyers in America methodology, see https://www.bestlawyers.com/methodology. For SuperLawyers methodology, see https://www.superlawyers.com/about/selection_process.html.

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Services

Bankruptcy, Restructuring & Litigation
Construction & Real Estate Litigation
Bankruptcy Litigation
Bankruptcy
Creditors’ Rights
Real Estate Acquisitions & Development
Construction Contracting

Education

Seton Hall University School of Law JD, magna cum laude, 2007
  • Order of the Coif
  • Journal of Sports & Entertainment Law
  • Interscholastic Moot Court Board
Rutgers University BA, 2004

Bar Admissions

New Jersey
New York
Pennsylvania

Court Admissions

U.S. Court of AppealsSecond and Third CircuitsU.S. District CourtDistrict of ConnecticutU.S. District CourtDistrict of New JerseyU.S. District CourtEastern District of PennsylvaniaU.S. District CourtNorthern, Eastern, and Southern Districts of New York

Judicial Clerkships

Judicial Law Clerk
The Hon. Ross R. Anzaldi, Presiding Civil Judge, Superior Court of New Jersey, Union County, 2007–2008

Judicial Intern
The Hon. Dennis M. Cavanaugh, U.S. District Court, District of New Jersey, 2007

Media item displaying McCarter Elevates New Class of Partners
News|Press
McCarter Elevates New Class of Partners
Press Release
1.11.2021
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Publications|Alert
Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic
Coronavirus Legal Advisory
4.28.2020
Insights Publication Magazine Corner
Publications|Article
Is Your Company Ready for PA’s New Employee Verification Law?
Construction Today Magazine
2.5.2020
Insights Speaking Hands
Events
NJ LEEP (New Jersey Law and Education Empowerment Project) Mock Trial
NJ LEEP (New Jersey Law and Education Empowerment Project)
8.2.2018
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