Wins
Littleton Park Joyce Ughetta & Kelly LLP Wins For Sport Equipment Manufacturer
On November 13, 2020, Scott Toomey, Jason Schmitz, and James Ughetta obtained summary judgment in New York federal court on behalf of sport equipment maker Bell Sports, Inc. against Liberty Mutual Fire Insurance Co. and its attempt to recover more than $700,000 it paid to settle a product liability lawsuit arising out of the use…
Littleton Park Joyce Ughetta & Kelly LLP Obtains Summary Judgment in Product Liability Burn Injury Case
On September 29, 2020, the Court granted our motion for summary judgment dismissing Plaintiff’s product liability claims against W.M. Barr & Co., Inc., the manufacturer of Goof Off glue remover. Plaintiff poured Goof Off glue remover on her kitchen floor in contravention to the product’s instructions and warnings. Plaintiff also failed to extinguish the stove…
Littleton Park Joyce Ughetta & Kelly LLP Obtains Discovery Sanction Precluding Introduction of Expert and Attorneys’ Fees
W.M. Barr & Co., Inc.’s motion for sanctions precluding plaintiff from introducing expert testimony is granted. The lawsuit stems from Plaintiff’s purchase and use of W.M. Barr’s glue remover, Goof Off, to remove glue from her kitchen floor tiles. Plaintiff allegedly poured Goof Off on her kitchen floor to allow it to soak in. As…
Littleton Park Obtains Defense Verdict in New Mexico Product Liability Trial
Scott Toomey of Littleton Park’s Pennsylvania office obtained a defense verdict in Santa Fe, New Mexico on behalf of Hyundai Heavy Industries Co., Ltd. , Hyundai Construction Equipment Americas, Inc., Hyundai Construction Co., Ltd. and Cisco Equipment NM Sales, LLC. The case arose out of a January 2, 2015 catastrophic workplace accident in Eddy County,…
Robert Kelly and Christine Emery prevail on Daubert challenge and obtain summary judgment in favor of Littleton Park’s manufacturer client in the U.S. District Court for the Eastern District of New York
On June 8, 2020, the United States District Court for the Eastern District of New York granted out client’s motion to exclude the report and testimony of Plaintiff’s expert and motion for summary judgment in this products liability case. Plaintiff, a 45 year old homemaker, alleged that she sustained serious second degree burns and permanent…
Second Circuit affirms rare award of terminating and monetary sanctions in favor of Littleton Park client
On May 29, 2020, the U.S. Court of Appeals for the Second Circuit affirmed our client Kal Tire’s two victories in the U.S. District Court for the Southern District of New York. In the underlying action, the plaintiff, ComLab Corp., a New York information technology company, sued Kal Tire, a Canadian tire company, for breach…
Dan Kain, Rob Wilson and Keith Sipprelle Prevail on Motion to Dismiss in California Federal Court
The Central District of California granted a Motion to Dismiss filed by one of Littleton Park’s cosmetics retailer clients. The Plaintiff’s Complaint alleged that Littleton Park’s client violated the Americans with Disabilities Act (ADA) and California’s Unruh Act. In granting the Motion to Dismiss filed by Littleton Park’s client, the Court held, inter alia, that…
Littleton Park obtains dismissal in upstate New York premises liability case
In May 2019, we obtained a dismissal on behalf of our client who was sued on a premises liability theory in this upstate New York asbestos case. The plaintiff, an 88-year old former millwright, alleged that he developed lung cancer as a result of his working with asbestos-containing products at various worksites. The case presented…
New Jersey Superior Court grants summary judgment to Littleton Park’s manufacturer client
In June 2019, the New Jersey Superior Court granted our client’s motion for summary judgment in this asbestos case. Plaintiffs sued our client as the successor in interest to a corporation that manufactured products including brick veneer. The plaintiff, a 77 year-old state trooper, alleged that he developed mesothelioma as a result of his exposure…
Littleton Park Joyce Ughetta & Kelly LLP Obtains Dismissal of Contract Suit as Sanction for Plaintiff’s Fabrication and Spoliation of Evidence
In a resounding victory for firm client Kal Tire, Judge Katherine B. Forrest of the Southern District of New York granted Kal Tire’s motion for terminating sanctions and dismissed plaintiff ComLab Corp.’s complaint with prejudice and awarded Kal Tire its attorneys’ fees and costs. ComLab – a New York IT company – filed suit in…
