Results

We prevailed on an appeal before the Appellate Division, Second Department, NYC, reversing a lower court order that denied summary judgment to our client, the owner of a movie theater. The plaintiff was a patron at the movie theater, where he got into a fight with another patron over a parking spot. The plaintiff sued the theater for negligent security. The defense was able to show that there was no notice to the theater because the incident was sudden and unexpected, based on the short duration of the altercation, and the lack of similar prior incidents at the theater.

We successfully defended a nationally renowned canning and food corporation headquartered in Pennsylvania. The claimant alleged that she sustained an injury to her upper extremities due to repetitive motion at work. She described her duties to include placing slices of cheese on sandwiches and hand-making pizza in an assembly line, which she alleged led to her injuries. The claimant’s medical expert testified that he was told the job duties involved working with jars of mushrooms, repetitively causing the claimant’s injuries.

We successfully defended a national home improvement store in the litigation of a claim petition. The petitioner alleged that as a result of his employment at the retailer, he developed back problems and was in need of medical treatment. The defense was able to call into question the petitioner's credibility, as well as that of the petitioner's expert doctor. The judge found that the petitioner did not sustain the burden of proof. Therefore, both the motion for medical and temporary benefits and the claim petition were dismissed, with prejudice.

We represented a compliance officer for a broker dealer and FINRA arbitrator in a case where he was sued in FINRA arbitration. The claims against our client included breach of fiduciary duty, fraud, wire fraud and misrepresentation, among others. The claim had previously been heard in FINRA arbitration against another party and again in Florida State Court. The Florida court dismissed the claim and ordered the plaintiff to file no further litigation related to the case.

We obtained summary judgment on behalf of a school district in a fatal automobile accident where a high school student was struck and killed by a third party while crossing the street to board her school bus. The striking driver, also a student at the high school, was found criminally liable and sentenced to a prison term, but was not sued by the estate.

We successfully represented an insurance agent in an investigation conducted by the Pennsylvania Insurance Department. The agent’s clients filed a complaint in which they alleged the agent failed to advise them of a waiver of premiums rider on the husband’s life insurance policy in the event of a disability of the insured. As a result, they claimed they had incurred ten years’ of premiums expenses that could have been waived. The investigator concluded that the claim was without merit and that no action would be taken by the Insurance Department against the agent.

The defense prevailed on a motion for summary judgment as to liability in an environmental case involving claims related to a leaking underground storage tank (UST). Our client sued a fuel delivery company under the New Jersey Spill Compensation and Control Act for delivering fuel oil to the UST while the UST was leaking. Our client also asserted claims for negligence and breach of contract. The defendant also moved for summary judgment, seeking to dismiss our client’s claims on the basis of a disclaimer printed on the delivery tickets, which were subsequently mailed to the insured.

We obtained summary judgment in a putative class action lawsuit in the Eastern District of Pennsylvania on behalf of a large insurer. The case dealt with a letter the insurance carrier would send to their insureds following a motor vehicle accident in which they advised their insureds that they would have a rental vehicle for five days. The named plaintiffs argued the letter misrepresented the policy language and they sued for breach of contract, bad faith, declaratory judgment and equitable relief.

The defense filed a motion for partial discontinuance that was granted, dismissing all claims against our client in a complex, construction defect matter. The plaintiff, a homeowners’ association, filed suit against a number of defendants alleging significant defects and deficiencies in construction performed at a residential community. The defendants joined a number of additional defendant subcontractors, including our client, in the litigation.

Our appellate attorneys were retained shortly before trial. While driving our client’s truck, an employee struck a car from behind that had stopped in the middle of the road after its hood flew open. The collision injured three members of a family and killed a six-year-old child. The Superior Court vacated the judgment and remanded for a new trial on the basis that the trial judge had improperly granted summary judgment to several vehicle repair shops, all of whom knew of but failed to repair the condition that made the car’s hood fly open.