Marcus Monteiro

MARCUS MONTEIRO, ESQ.

Marcus Monteiro, Esq. is a founding member of Monteiro & Fishman LLP.

His current practice ranges from representing individuals and businesses in a variety of legal matters from bankruptcy, divorce, litigation and real estate to serving as general counsel for several national corporate clients.

Prior to starting Monteiro & Fishman LLP, Mr. Monteiro was a litigator at a national law firm in downtown Manhattan.

Mr. Monteiro has successfully litigated hundreds of cases stemming from personal injury, wrongful death, toxic torts (i.e. lead paint and asbestos), as well as commercial matters including contractual and insurance coverage disputes.

Mr. Monteiro represented clients in federal trials, and has tried matters to verdict in various New York City courts. He is also experienced in Appellate Court practice, and appeared numerous times before the Appellate Division of the Supreme Court of New York.

Mr. Monteiro represented plaintiffs in national, class-action law suits alleging hundreds of millions of dollars in damages in federal courts throughout the United States, including California, Maryland, Tennessee, Illinois, New York and New Jersey. Specifically, he represented a pension fund in a shareholder derivative action against the Board of Directors of FedEx Corporation alleging breaches of fiduciary duties. He also represented purchasers of Saturn vehicles in a national class action alleging breach of warranty and consumer fraud.

His experience also includes handling diverse corporate matters, including stock and asset purchases for international firms. Additionally, Mr. Monteiro’s transactional real estate experience includes representing notable clients, such as the New York Sports Clubs, in various leasing matters throughout New York City. He represented the seller of a multiple building portfolio located in New York City, with a final purchase price of $57.5 million. That sale was featured in multiple media publications.

During his post as the national tobacco coordinator for AIG, a multi-billion dollar international corporation, Mr. Monteiro was responsible for analyzing the company’s exposure to all tobacco-related claims in the United States and Canada. In fact, he analyzed and monitored the company’s exposure to a jury verdict against lead paint manufacturers totaling a potential $2.4 billion dollars in damages.  He also analyzed the company's exposure to the Supreme Court of Canada's decision allowing British Columbia to sue for tobacco-related injuries in what commentators called "the biggest case in the history of Canadian jurisprudence." Total liability was estimated at over 200 billion dollars. 

Believing that not only large, international companies should have access to top legal counsel, Monteiro and firm partner Michael Fishman Esq., formed a top-notch firm, capable of rivaling the quality of large New York City firms, but without the excessive cost.

Mr. Monteiro brings knowledge and focus acquired through his years on Wall Street, New York, to Main Street, Long Island, along with extra enthusiasm, energy and humor - all qualities that his clients have come to appreciate and rely on.

EDUCATION

Marcus Monteiro was born in Queens, New York and attended Wantagh High School. He graduated from Albany University before enrolling in Hofstra Law School.

While a student at Hofstra, Mr. Monteiro was actively involved in trial and appellate practice, and the only student to represent Hofstra Law School in national competitions as a member of a trial team (American Trial Lawyer's Association competition) and an appellate team (Jessup International Moot Court competition). Also as a student, Mr. Monteiro worked in the Nassau County District Attorney’s Office, specializing in gangs and narcotics offenses.

BAR ADMISSION

The State of New York, United States District Court - Southern District of New York, United States District Court - Eastern District of New York

PRIOR ENGAGEMENTS
  • Represented a pension fund in a shareholder derivative action against the Board of Directors of FedEx Corp alleging breaches of fiduciary duties. In re Fedex Corp. Shareholder Derivative Litigation, Master Civ. No.2:08-cv-02284 (W.D. Tenn.).

  • Represented residential and commercial real estate purchasers who were allegedly charged and paid mark-ups by Countrywide Financial Corporation and Countrywide Home Loans, Inc. for real estate settlement services in violation of the Real Estate Settlement Procedures Act and the New Jersey consumer protection statute. Marple v. Countrywide Financial Corporation and Countrywide Home Loans, Inc., Civ. No.07-cv-4402 (D. N.J.).

  • Represented the seller of the “Queens Portfolio.” The portfolio consisted of seven pre-war elevator buildings containing 454 apartments in an all cash transaction valued at $57,000,000. The elevatored buildings were located in the Elmhurst and Sunnyside sections of Queens, New York. The transaction occurred at a capitalization rate of 6.28% and a gross rent multiple of 10.16.

  • Represented a business owner in a multi-defendant federal trial against an injured worker alleging products defect liability. The claims against the defendant business owner were dismissed in full prior to verdict with no contribution. Spencer v. Delta Machinery et al., Civ. No.03-cv-4698 (E.D.N.Y. Dec. 12, 2005).

  • Represented purchasers of certain vehicles manufactured by American Honda Motor Co. in a class action alleging breach of warranty. In re American Honda Motor Co. Oil Filter Products Liability Litigation, Civ. No. 2:06-ml-01737 (C.D. Cal.).

  • Represented purchasers of certain vehicles manufactured by Saturn in a class action alleging breach of warranty. In Re Saturn L-Series Timing Chain Products Liability Litigation, Civ. No. 8:07-cv-298 (D. Neb.).

  • Analysized AIG’s exposure from hundreds of insurance policies (including excess, umbrella and reinsurance) for a 2.4 billion dollar verdict forcing insured’s to inspect, clean and remodel approximately 240,000 homes in Rhode Island built before 1980 that contained potentially contaminated lead paint. In that case, the state of Rhode Island claims that tens of thousands of children have suffered lead poisoning from paint in those homes. The insureds manufactured lead paint during the relevant time period. State of Rhode Island v. Lead Industries Association.

  • As National Tobacco Coordinator for AIG, analysized AIG’s exposure to the Supreme Court of Canada’s allowing British Columbia to sue tobacco companies to recover billions in tobacco-related health care costs in what legal commentators called “the biggest case in the history of Canadian jurisprudence.” Total liability was estimated at over 200 billion dollars. British Columbia v. Tobacco Manufacturers.

  • Obtained Order from Kings County Supreme Court granting summary judgment in a declaratory judgment action directing a defendant insurance company to reimburse $175,000 to client insurance company as the settlement amount in an underlying action. Guide One Mutual Insurance Company v. CNA Insurance Company, Index No. 12788/07 (N.Y. Sup. Ct., Kings County April 2008).

  • Represented the seller of a multi-tenanted building located in New York City. When the buyer backed out of the deal before closing, the buyer sued the seller to have its $485,000 deposit returned. Mr. Monteiro counter-claimed and obtained a $485,000 judgment against the buyer while having the complaint dismissed. See E. Street Nominee Corp. v. Night Owls LLC, Index No. 113073/2003 (N.Y. Sup. Ct., N.Y. County 2003).

  • Represented purchasers of certain vehicles manufactured by General Motors in a class action alleging breach of warranty. Muehlbauer v. General Motors Corp., Civ. No. 05-cv-02676 (N.D. Ill.).