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Insurance, Product Liability & Mass Tort Defense

We are retained by insurance carriers to defend their insureds in lawsuits throughout New York State. Most of these cases involve allegations of personal injury and property damage or economic loss resulting from premises defects, wrongful death, sports related injuries, labor law claims, assaults, negligent supervision, sexual assault or harassment, and building design and maintenance claims.

We are also retained as company counsel, insurer-appointed counsel, and as local counsel, in some of the nation's largest mass tort controversies. Our product liability work covers consumer product cases and work related injury claims. Our toxic tort work includes pharmaceutical, chemical, lead and asbestos exposure cases.

Recent Defense Verdicts, Dismissals and Summary Judgments:

  • Obtained defense verdict after jury trial in May of 2014 on behalf of a global developer, manufacturer, and distributor of plastic joining, industrial cleaning, and ultrasonics processing equipment. The plaintiff claimed she suffered traumatic brain injuries and other damages resulting from an accident on the defendant's property. After trial, the Court granted directed verdict to the defense on 3 of 5 counts, and the jury then rendered a defense verdict on the two remaining counts. Click to view article.
  • Obtained defense verdict after trial for a nursing home in a negligence/medical malpractice action in Bronx County where the jury awarded the plaintiff in excess of $5.5 million against the other defendants.

  • Obtained a defense verdict after trial for a Church in a damages trial in a negligence case tried in Queens County where the plaintiff sought $2 million.

  • Obtained a defense verdict after trial for a motorcyclist in Nassau County where the Plaintiff sought $1.5 million.

  • Ehrens v. Lutheran Church-Missouri Synod, 385 F.3d 232 (2d Cir. 2004).  Obtained summary judgment, affirmed on appeal, on behalf of the Lutheran Church-Missouri Synod on claims based on an alleged sexual assault upon a minor by a retired pastor.

  • Spielman v. Grace Gospel Church of Suffolk, Inc., 77 A.D.3d 816, 910 N.Y.S.2d 105 (2d Dep't 2010), leave denied, 2011 N.Y. LEXIS 1479 (2011).  Obtained appellate reversal of denial of motion to dismiss claims asserted against a Church in connection with alleged sexual misconduct by a pastor.  See Half-Sisters Lose Bid to Sue Church Over Affair with Pastor, NYLJ, Oct. 25, 2010.  Click to view article.

  • Egar v. Congregation Talmud Torah, 885 N.Y.S.2d 711 (NY Sup., Queens Co. 2009).  Obtained summary judgment dismissing traumatic head injury claim involving a hospital patient's trip and fall allegedly caused by a downed synagogue's "eruv" wire located on hospital property.  See Court Says Temple Had No Notice of Fallen Eruv, Dismisses Trip Suit, NYLJ, May 5, 2009.  Click to view article.

  • Brown v. Concord Baptist Church of Christ, Index No. 38074/05 (N.Y. Sup., Kings Co. 2008).  Obtained summary judgment for a Church in Kings County dismissing sexual misconduct and negligent retention/supervision claims.

  • Underwood v. Church of God of Prophecy, Index No. 8905/10 (N.Y. Sup., Orange Co. 2011).  Obtained dismissal of claims against a church in Orange County in connection with alleged sexual assault committed by a pastor.

  • Young v. Trinity Presbyterian Church, Index No. 13508/10 (N.Y. Sup., Westchester Co. 2012).  Obtained dismissal of claims against a church in Westchester County in connection with alleged sexual assault committed by a pastor.

  • Lissauer v. Shaarei Halacha, Inc., 829 N.Y.S.2d 229 (2d Dep’t 2007).  Obtained summary judgment for a Yeshiva in Kings County in a negligent retention and supervision case where the plaintiff sought $10 million for a severe injury

  • Avila v. Mission Evangelica Pentecostal, Inc, Index No. 116571/00 (N.Y. Sup., N.Y. Co. 2003).  Obtained summary judgment for a Church in New York County in an assault and negligent supervision case.

  • Richardson v. Throop Memorial Presbyterian Church Daycare, Index No. 19895/02 (N.Y. Sup., Queens Co. 2004). Obtained summary judgment for a religious day care facility in Queens County in a negligent supervision case where a female infant plaintiff was severely injured in a playground accident.

  • Meneses v. Wake Eden Community Baptist Church, Index No. 13213/02 (N.Y. Sup., Bronx Co. 2005).  Obtained summary judgment for a Church in Bronx County in a premises liability and Labor Law case where the plaintiff sustained multiple fractures requiring several surgeries.

  • Mangia v. New Dorp Baptist Church, Index No. 11232/99 (N.Y. Sup., Richmond Co. 2001). Obtained summary judgment for a Church in Richmond County in a premises liability case where the plaintiff claimed severe spinal injuries necessitating spinal fusion surgery.

  • Useche v. Zion Lutheran Church and Discipleship Chapel, Inc., Index No. 12552/04 (N.Y. Sup., Kings Co. 2006).  Obtained summary judgment for a Church in Kings County where plaintiff suffered a laceration to the right forearm and ulnar nerve.

  • Butler v. First Baptist Church Of Westbury, Index No.  14544/04 (N.Y. Sup., Nassau Co. 2007): Obtained Summary Judgment for Church in Nassau County on claims in defamation and slander against a board member.

  • Uddin v. Corner Stone Baptist Church, 823 N.Y.S.2d 178 (2d Dep’t 2006).  Obtained summary judgment affirmed on appeal on plaintiff’s claims under Labor Law § 240(1) for workplace injury.

Product Liability and Mass Tort Defense

  • Jellow v. Abbott Labs., 895 F. Supp. 569 (E.D.N.Y. 1995)
    Braun v. Abbott Labs., 895 F. Supp. 530 (E.D.N.Y. 1995):
    Defended pharmaceutical companies in national DES litigation.

  • Company-appointed counsel to global pharmaceutical company in defense of blood factor litigation (HIV and Hepatitis-C claims).

  • Company-appointed counsel to several industrial product manufacturers in defense of asbestos lawsuits.

  • Company-appointed counsel to computer device company in defense of repetitive stress injury claims.

  • Insurer-appointed counsel to New York distributor of pharmaceutical supplies in defense of latex glove lawsuits.

  • Insurer-appointed counsel of property owners in defense of lead paint exposure cases.

 

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