Results

We obtained a defense verdict in a slip and fall case which allegedly occurred in a New York supermarket. The plaintiff, a supermarket employee, claimed that he slipped and fell on water from a floor washing machine being used to clean the floors. During investigation of the claim, we discovered that the plaintiff slipped and fell on water from frozen food that he was unpacking. At trial, we successfully argued to preclude the plaintiff’s expert from testifying that the floor washing machine was leaking water in that this expert never inspected the floor washing machine.

We secured a directed verdict in a subacute rehab case in New Jersey. The plaintiffs claimed their father, who suffered from dysphagia, was negligently left unattended to choke and die in his room by the nursing staff while eating breakfast. At the close of plaintiff’s case, three motions for directed verdict were made. The court eventually agreed that the plaintiffs had not met their burden on causation with the expert testimony.

We prevailed on a motion to dismiss a hazing lawsuit filed against a school district. The plaintiff, who was a member of his high school football team, alleged he was subject to hazing and physical abuse by several other members of the team while attending a dinner at the home of one of his teammates. The plaintiff claimed that the school district had been aware of the hazing, but failed to prevent it. He asserted claims against the school under Title IX for emotional distress damages and punitive damages.

We obtained a dismissal of plaintiff’s legal and accounting malpractice claims, in which the plaintiff claimed a prior unrelated legal settlement led to an avoidable tax liability. The plaintiff alleged that our attorney client was negligent in providing legal and accounting advice in regard to corrective tax filings following a legal settlement with a state entity. After multiple rounds of amended pleadings and briefing, the court entered an order adopting our lack of subject matter jurisdiction argument and dismissed the plaintiff’s complaints based upon a Rule 8 violation. 

We prevailed in a unanimous, precedential decision in the Superior Court of Pennsylvania, which reconciled conflicting case law in the state. The plaintiffs were joined by 55 amici, and our client was joined by numerous construction organizations as amici. The court eventually applied Pennsylvania’s statute of repose to bar construction defect claims brought by homeowners.

We obtained a summary judgment on behalf of our architectural client against one of the top construction/design defect law firms in New Jersey. After three separate argument appearances, the court granted summary judgment, holding that the plaintiff’s expert’s report failed to substantively establish a deviation from the architectural standard of care.

A FINRA arbitration panel recommended the expungement of a customer complaint from a financial advisor’s public record.  The complaint involved allegedly unsuitable alternative investments and an overconcentration of alternative investments in the customer’s portfolio.

We obtained summary judgment in a medical malpractice action, which was covered in The New York Law Journal. The plaintiff, a man severely debilitated by a stroke, alleged that our nursing home client had admitted him with 14 pre-existing pressure sores. Through our expert, the records and our client’s deposition testimony, we established that all of the plaintiff’s pressure sores either stabilized or resolved during his two-month admission. The court found no deviations from the accepted standards of care and dismissed the case.

We prevailed on termination, suspension and review petitions, where the workers’ compensation judge found that the claimant was fully recovered as of the date of our medical expert’s examination. The judge found our witnesses more credible than the claimant’s and denied the claimant’s review petition to expand the accepted injury. We successfully recovered $33,508 from the Supersedeas Fund for our client.

We obtained an arbitration defense award in a medical malpractice case, in which the plaintiff alleged that our radiologist client misread the first of two head CT scans. She claimed that a timely diagnosis of her issue, which turned out to be cerebral venous thrombosis (CVT), would have given her the opportunity for a cure. We successfully argued that the head CT showed what appeared to be a normal anatomical variant, which only identified plaintiff’s CVT diagnosis with additional, more sensitive imaging studies.