Wins

In Lawson v. Bell Sports, a jury in Monmouth County, NJ Superior Court returned a unanimous defense verdict yesterday for Bell Helmets, finding no defect in the Bell bicycle helmet plaintiff was wearing when he landed on his head while riding his bicycle at Allaire State Park in Farmingdale, NJ.  The plaintiffs alleged that the…

On February 10, 2015, after a two week trial, a Chicago jury of 12 unanimously found in favor of HJC America and Castle Sales, concluding that the HJC motorcycle helmet worn by the plaintiff, Jennette Maxwell, was not defective.  Plaintiff’s counsel asked the jury for $9.3 million for brain injuries and a comminuted depressed skull fracture…

The New York County Supreme Court granted summary judgment dismissing a suit for contribution and indemnification in a labor law and negligence action.  The plaintiff sought damages for personal injuries sustained when he tripped and fell at his work site following construction work that was done two days earlier.

A Binghamton, NY jury returned a defense verdict for Arctic Cat in a product liability case alleging that defects in a 2007 Arctic Cat Prowler caused the plaintiff to suffer severe leg fractures. Arctic Cat was represented by Christy Mennen of Nilan Johnson Lewis PA, in Minneapolis, and Jim Ughetta and Michael Bai of Littleton…

The U.S. District Court, Eastern District of New York granted summary judgment dismissing a suit for commissions on two sales of medical imaging equipment. The plaintiff consulting firm sought commissions in connection with two sales.  Tracking Bryon’s arguments, the court’s 35 page opinion concluded that plaintiff’s deposition concessions confirmed that plaintiff did not fulfill the…

Following on the heels of Bob Kelly’s July 2013 win in a steel mill case in Louisiana, Mr. Kelly recently succeeded in defeating the plaintiff’s motion for a new trial in the same case.  The plaintiff argued that the verdict sheet, which showed a damage finding exceeding $2.6 million but no liability as to Siemens,…

A New Jersey judge dismissed a suit against the firm’s client in which plaintiff alleged exposure to asbestos-containing products while performing his duties as a union pipefitter. Mr. Schmitz successfully argued that, under New Jersey law, a landowner has no duty to protect an independent contractor absent evidence that the landowner exercised control over the…

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…

Together with local counsel Romelia S. Leach won Motion to Exclude Plaintiff’s Expert and got Plaintiff’s $1M products liability case dismissed with prejudice on Summary Judgment. A Washington State Federal Judge found that Plaintiff’s liability expert was not qualified to testify as an expert in the case and that the expert’s testimony was not reliable….

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…