Complex Litigation

December 13, 2012

A California judge granted Scott’s motion for summary adjudication and dismissed Plaintiff’s punitive damages claim against the distributor of an allegedly defective medical product. The court held that the Plaintiff had not presented any evidence that the distributor knew of the alleged defect at the time of sale. Further, the court took heed of the testimony of our proffered expert when ruling that the Plaintiff had not provided sufficient proof of malice or reckless disregard to establish a jury issue as to punitive damages.

September 14, 2012

A Connecticut federal judge has dismissed claims against seven companies targeted in an insurer’s subrogation suit seeking compensation for $200 million in losses associated with a deadly explosion at a Connecticut power plant in 2010. U.S. District Judge Stefan Underhill granted motions to dismiss brought by subcontractors involved in the procedure that led to the explosion saying that the companies cannot be sued for subrogation because their contracts included a subrogation waiver, and they are “additional insureds” on the policy. Read here

June 22, 2012

The New York Appellate Division, First Department has upheld a trial court’s order that an insurer (which had refused to acknowledge its obligation for over 5 years) had a duty to defend an entity not named under the policies but which was charged with liability in multiple lawsuits throughout the U.S. which potentially implicated the products of an alleged predecessor, the insurer’s named insured. Approximately $4 million in defense costs have been incurred in connection with those underlying actions, for which the insurer will now have to pay its share and also contribute prospectively.

June 17, 2012

On May 17, 2012, the Hartford Superior Court, Complex Litigation Docket part, granted summary judgment to ABB, Inc., dismissing the product liability claims against it in Lake Road Trust, Ltd., et al. vs. ABB, Inc., et al., docket number HHD X04 CV-10-6016502 S. Plaintiffs, the owner-operators of a power plant, sued ABB, Inc. and others over a transformer failure. The transformer was manufactured by a former ABB company.

The court accepted ABB, Inc.'s position that it did not design, manufacture or sell the transformers. They court rejected plaintiff's arguments that statements, made in connection with the repair of another of plaintiff's transformers, created a fact issue over whether ABB, Inc. could be a "product seller" within the meaning of the Connecticut product liability statute, or an "apparent manufacturer." Significantly, the court found that the apparent manufacturer doctrine is limited to common law claims, and doesn't apply to claims brought under the Connecticut Product Liability Act.

ABB, Inc. was represented by Robert Joyce along with ABB, Inc's in-house counsel, Jeff Young.

February 08, 2012

In the first quarter of 2012, Bryon Friedman and Bruce Ainbinder secured Additional Insured coverage rights and reimbursement of past defense costs from three recalcitrant insurers in connection with three separate Labor Law actions filed against their clients.