Wins

In Stevens v. Good Tire Service, Inc. et al., Scott Toomey, Dan Kain and Steve Park obtained dismissal for Kumho Tire Co., Inc. (“KTCI”).  KTCI argued in its briefing and at oral argument that no KTCI contact within the Commonwealth gave rise to the cause of action.  KTCI also argued that it lacks affiliations within…

The litigation arose out of a December 27, 2012 fire in a commercial warehouse located in Patterson, New Jersey.  The combined subrogation and uninsured damages amounted to approximately $1.3 million.  Plaintiffs alleged that Pep Boys performed a negligent radiator replacement service on a Chevy van causing a battery cable to become abraded and short, igniting…

In Ratcliff v. SPS, Inc., et al., Amanda Kim, Dan Kain and Ian Park obtained dismissal for SPS, Inc.  After reviewing the Motion to Dismiss filed by SPS and Plaintiff’s opposition thereto, the Eastern District of Pennsylvania held that Plaintiff failed to demonstrate that the court can exercise personal jurisdiction over SPS, a South Korean…

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, 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…

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…

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…

The Queens County Supreme Court granted our order to show cause to stay the entry of judgment and accrual of interest against our clients in an action in which plaintiff prematurely threatened to pursue a proposed settlement payment and interest thereon prior to satisfying all material settlement terms.

The New York County Supreme Court granted summary judgment dismissing a suit sounding in violations of Labor Law 200, 240(1) and 241(6), negligence, contribution and indemnification in a Labor Law action. The plaintiff, an electrical subcontractor’s employee, sought damages for personal injuries allegedly sustained when four glass partitions fell upon him at a work site.