News & Wins:

The Saratoga County Supreme Court granted summary judgment in an asbestos case dismissing all claims and cross-claims against our client, a national and international distributor of laboratory supplies.  The plaintiff, a 67-year old former chemist, alleged that she developed mesothelioma as a result of her exposure to asbestos-containing laboratory products during the 1970s.  Following the…

Scott Toomey and Daniel Kain presented a sports litigation lecture at DRI’s recent Product Liability Seminar held in New Orleans.   Based on their experience as national coordinating counsel, Messrs. Toomey and Kain discussed procedural and substantive defenses available to manufacturers and other entities involved in head injury class actions and personal injury lawsuits.  The presentation…

Scott Toomey, Michael Bai and Daniel Kain won nonsuit (directed verdict) on behalf of Kumho Tire USA, Inc. (“Kumho Tire”) in an Allegheny County, Pennsylvania product liability trial.  In Dolby v. Kumho Tire USA, Inc., et al., Plaintiffs sued Kumho Tire and retreader Ziegler Tire & Rubber Co., asserting that an allegedly defective retreaded tire…

Jessica Diotalevi, of the firm’s Los Angeles office, gave an employment law presentation entitled ‘How to Keep Your Business on Track: New Laws for 2016’ to the Whittier Area Chamber of Commerce. Ms. Diotalevi discussed amendments to the California Family Rights Act, the minimum wage increase, and changes to harassment and discrimination laws.”

In a well-reasoned opinion and order, the Honorable Shira A. Scheindlin of the United States District Court for the Southern District of New York dismissed all of the cross-claim plaintiffs’ allegations against a German parent corporation based upon lack of general jurisdiction.  In so holding, Judge Scheindlin applied the United States Supreme Court’s holding in…

In Hulse v HJC Corp and Harley-Davidson, a Beaumont, TX, jury of 12 rendered a unanimous verdict in favor of a motorcycle helmet manufacturer, HJC Corp. on December 21, 2015. The trial commenced with jury selection on December 7th, and closing arguments were given on December 18th.   Defendant, Harley-Davidson was voluntarily dismissed from the case…

Ken Peterson and Jessica Diotalevi obtained a win for Schwing America, Inc. in a product liability case alleging that defects in a concrete placing boom caused major back and ankle injuries to Plaintiff. Plaintiff sought over $2 million in damages. The jury awarded total damages of less than $600,000 and apportioned only 25% of the…

Employers are forced to carefully navigate the differences between state and federal leave laws, making sure they comply with both in their handbook policies, practices, and workplace postings. It is welcome news for employers with employees in California that the state recently issued regulations, effective July 1, 2015, to bring its California Family Rights Act…

Christine Delaney and Sarah Fang were named as 2015 New Jersey Rising Stars. The firm recognizes and congratulates its attorneys for their accomplishments.

The Southern District of New York granted our pre-answer motion to dismiss an insurance coverage declaratory judgment action arising out of a catastrophic loss.  The court adopted our analysis of competing policy’s other insurance clauses based on our direct explanations of the policy language, and our arguments applying the policy language and challenging the adversary’s…