Complex Litigation

December 03, 2013

Jessica Hernandez Diotalevi has been selected as the vice-liaison from the DRI Young Lawyers Committee to the DRI Diversity Committee.  Ms. Hernandez Diotalevi will assist the Diversity Committee with articles, programming, marketing, and provide general advice on how to attract young lawyers to the committee.  The firm is proud of Ms. Hernandez Diotalevi’s commitment to diversity, not just in DRI, but also in our own firm.

December 02, 2013

James C. Ughetta and C. Scott Toomey were published in the November issue of For The Defense, the Defense Research Institute's monthly publication.  Please see the attached article, entitled "Uniform Discovery Responses and Protective Orders."

October 15, 2013

A New Jersey judge issued an opinion in favor of the firm’s client, a major international petrochemical company, dismissing a suit in which plaintiff alleged exposure to asbestos-containing products while engaged in demolition at a client-owned facility.  Mr. Schmitz successfully argued that, under New Jersey law, a landowner has no duty to protect employees of an independent contractor where the alleged exposure was related to the very work the plaintiff was hired to perform. In reaching its decision, the court found that contract documents referencing the removal of asbestos insulation, taken alone, did not support liability or establish that the defendant controlled the means and methods of the plaintiff’s work.

The win establishes an important precedent for defendants in asbestos litigation, affirming that “where an owner or occupier of land invites or contracts an outside company to perform work on their property related to the hazardous condition, there is no duty imposed on behalf of the landowner.”  Mr. Schmitz was assisted by Christine M. Delaney and Christine M. Emery.

October 09, 2013

On September 20, Robert Kelly presented at the HarrisMartin National Benzene Litigation Conference in Chicago.  In his presentation, he discussed Maritime and FELA issues in benzene litigation, focusing on evidentiary, burden of proof and expert testimony admissibility issues.

September 23, 2013

Robert Littleton, Robert Joyce, James Ughetta, and Robert Kelly were named to the Super Lawyers' 2013 New York Metro Super Lawyers List, and Christine Delaney was named to the Super Lawyers' 2013 New Jersey Rising Stars List.

The firm recognizes and congratulates its attorneys for their accomplishments.

July 23, 2013

Robert Kelly successfully defended Siemens Industry Inc. in the Eastern District of Louisiana, receiving a unanimous defense verdict in a wrongful death, product liability case arising out of a ladle eruption at an ArcelorMittal steel mill in LaPlace, Louisiana. The jury awarded Plaintiff $2.6MM, but allocated 100% liability to non-parties: ArcelorMittal LaPlace, LLC, ArcelorMittal USA and Bayou Steel Corporation. Plaintiff was the widow of an employee who sustained 3rd and 4th degree burns over 99% of his body when a ladle erupted 5 tons of molten steel. Plaintiff argued that the ladle transfer car and argon stir station designed by Siemens’ predecessor were defective and unreasonably dangerous. Siemens argued successfully that the accident was caused by ArcelorMittal’s lax safety procedures, and that the equipment at issue was not defective.

The case was captioned Roxanne Moyer, Individually and on behalf of her Decedent husband Samuel N. Moyer v. Siemens VAI Services and Signal Metal Industries, Inc., case number 11-3185.

Siemens Industry Inc.’s lead trial counsel was Robert J. Kelly of Littleton Joyce Ughetta Park & Kelly LLP. Siemens Industry Inc. was also represented by Nelson “Chip” Wagar of Chopin Wagar Richard & Kutcher, LLP and Siemens in-house attorney Skip Lockard.

May 22, 2013

The firm congratulates Christine Delaney for this accomplishment.

April 23, 2013

AV MartindaleThe firm is proud to acknowledge and honor its attorneys for achieving the Martindale-Hubbell “AV Preeminent” rating: Robert J. Kelly, Robert W. Littleton, and James C. Ughetta.

AV Martindale

April 11, 2013

Ian Park graduated from St. John’s University School of Law in 2010, where she served as Article and Notes Editor for the American Bankruptcy Institute Law Review.

April 01, 2013

As Pennsylvania justices take on the question of whether the Restatement Third should govern products liability lawsuits in Pennsylvania, Scott Toomey has once again been cited as an expert regarding the current state of Pennsylvania’s products liability law.
Read article here

January 29, 2013

Carmen Cole is the practice leader for the firm’s newly formed Labor & Employment group, specializing in the defense of employers in harassment and discrimination claims, as well as claims for wrongful termination, breach of contract, defamation, invasion of privacy, and other employment-related torts.

January 09, 2013

Following his selection to fill one of the twelve spots available on the Law360 Products Liability Editorial Advisory Board in 2012, Bob has been re-appointed to the Law 360 Product Liability Editorial Advisory Board for 2013