Results

Obtained summary judgment in a toxic tort case involving claims of mold exposure. The defense represented an environmental testing company hired by the company that performed a remediation in the plaintiffs' home following a sewage backup in 2007 that resulted in several inches of raw sewage backing up in the plaintiffs' basement. The environmental testing company was not named as a defendant until a guardian for several minor plaintiffs was appointed and filed a separate suit, more than two years later.

Obtained summary judgment on behalf of a major multi-national retail clothing company in a case alleging wrongful termination on the basis of pregnancy and gender under New York Executive Law section 296. The plaintiff had been employed by the company as a store manager when she directed a cashier to perform a $10 pay-out to her so that she could purchase lunch. The company has a no tolerance policy prohibiting personal use of store funds, and the plaintiff was terminated.

In a wrongful termination case, the defense obtained a partial summary judgment on behalf of a regional environmental consulting firm, including a supervisor and its head of Human Resources. The plaintiff had taken just one deposition, and discovery had just commenced, when the New Jersey Superior Court judge dismissed on the defense's motion to the plaintiff's claims of breach of contract, tortious interference with a contract, and breach of public policy and intentional infliction of emotional distress.

Secured a discontinuance for a multi-national auto financing company in a Chancery Division action in New Jersey arising out of claims by a potential franchisee against a dealership, the vehicle manufacturer, the financing company and a potential third-party buyer. The plaintiff's claims sought over $30 million in damages stemming from alleged violations of the New Jersey Franchise Act, breach of contract claims, tortuous interference allegations and a companion declaratory judgment action.

Obtained summary judgment dismissing a plaintiff's claims of professional negligence, breach of contract, unjust enrichment and fraud against an architect in the Superior Court of New Jersey.  In the complaint, the plaintiff homebuyer asserted that the architect breached his contract with the developer/seller and deviated from accepted standards of architectural practice in connection with his professional design services relating to the repair and renovation of a fire damaged home.

Obtained a unanimous defense verdict on all counts after a five-week medical malpractice trial on behalf of a cardiothoracic surgeon. The suit against the surgeon and co-defendants alleged deviations from the standard of care relating to the diagnosis, management and treatment of a post catheterization femoral bleed, resulting in permanent disability, nerve damage, pain and atrophy. During cross examination of the plaintiff's surgery and cardiology experts, the defense elicited testimony directly contradicting their respective reports and deposition/trial testimony.

Defense counsel was specially retained by an insurer for a physician who was denied coverage/immunity under Florida's Birth-Related Neurological Injury Compensation Act for failing to timely provide notice of his participation to the patient. After oral argument, the appellate court rendered a per curium affirmed decision as to all issues raised by the respective parties. The defense moved for a rehearing.

Obtained a defense verdict in favor of a podiatrist who was claimed to have made a delayed diagnosis of melanoma of the foot in a 65-year-old male patient, resulting in lymph node involvement and metastasis to the lungs. The defendant treated his patient for seven months before performing a biopsy. The plaintiff's experts contended that an immediate biopsy was mandated because the lesion on the foot bled during debridement, was painful, and must have had a suspicious appearance because it was malignant.

Obtained a unanimous defense verdict on behalf of a security company after a 14-day trial in the Supreme Court, New York County. The plaintiff alleged that the defendants failed to provide adequate security at a New York City homeless shelter by allowing an assailant to enter the grounds of the premises—who did so by climbing over a perimeter fence with a gun with the intention of shooting the plaintiff.

Obtained a stipulation of dismissal for a tour operator specializing in tours to Costa Rica in a personal injury matter in the Eastern District of Pennsylvania. The plaintiffs alleged numerous physical injuries, including a skull fracture to one plaintiff, as a result of a motor vehicle accident at the resort.