Insurance, Product Liability and 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 related claims, assaults, negligent supervision, sexual harassment, and building design and maintenance claims.

Our litigation attorneys also have extensive experience in products liability matters, including both consumer product cases and employment-related injury claims.  We also are involved in toxic tort litigation, with a particular emphasis in the pharmaceutical field, as well as indoor air, chemical, lead and asbestos exposure cases.  We have been involved, as company counsel, insurer-appointed counsel, and as local counsel, in some of the nation’s largest, most hotly litigated mass tort controversies.  The firm is experienced in working closely with engineers, toxicologists, physicians, industrial hygienists, human factor experts, and other expert consultants on a variety of claims. 

Insurance Defense

We are approved counsel for several national insurance companies for defense work.  We have handled hundreds of insurance defense cases for national and regional businesses, churches, synagogues, mosques, schools, nursing homes, summer camps, commercial buildings, residential buildings, and individuals in defense of personal injury, economic loss and property damage claims.

Examples:

• Brown v. Bethany Methodist Home, Index No. 27429/00 (NY Sup, Bronx Co.): Obtained defense verdict after trial for a nursing home in a negligence/medical malpractice action in where the jury awarded plaintiff $5.5 million against the other defendants.

• Restrepo v. New York Cho Dao Church, Index No. 007661/02 (NY Sup, Queens Co.): 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.
  
  
• Kirshner v. Christopher Taylor, Index No.: 013088/02 (NY Sup, Nassau Co.): 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 and the Lutheran Church-Atlantic District on negligent hiring and supervision claims pertaining to an alleged sexual assault on a minor by a retired 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 premises liability case where plaintiff alleged severe injuries resulting in several surgeries.
  
  
• Uddin v. Corner Stone Baptist Church, 823 N.Y.S.2d 178 (2d Dep’t 2006):
  Obtained summary judgment affirmed on appeal on plaintiffs’ claims under Labor Law § 240(1) for substantial workplace back and spine injury.
  
  
• Egar v. Congregation Talmud Torah, 885 N.Y.S.2d 711 (NY Sup, Queens Co.):  Obtained summary judgment for a Synagogue in a personal injury case involving a plaintiff who alleged that she tripped and fell over an “eruv” wire located on a hospital property.
  
  
• Brown v. Concord Baptist Church of Christ, Index No. 38074/05 (NY Sup, Kings Co.): Obtained summary judgment for a Church in Brooklyn, New York dismissing sexual misconduct and negligent retention/supervision claims.

• Avila v. Mission Evangelica Pentecostal, Inc, Index No. 116571/00 (NY Sup, NY Co.): Obtained summary judgment for a Church in an assault and negligent supervision case where the plaintiff sought $10 million in compensatory damages and $5 million in punitive damages.
  
  
• Richardson v. Throop Memorial Presbyterian Church Daycare, Index No. 19895/02 (NY Sup, Queens Co.): Obtained summary judgment for a religious day care facility in a negligent supervision case involving a child who was severely injured in a playground accident.

• Meneses v. Wake Eden Community Baptist Church, , Index No. 13213/02 (NY Sup., Bronx Co.): Obtained summary judgment for a Church in a premises liability and Labor Law case where the plaintiff sustained compound comminuted fractures of distal tibia/fibula requiring several surgeries.

• Mangia v. The City of New York and New Dorp Baptist Church, Index No. 11232/99 (NY Sup, Richmond Co.): Obtained summary judgment for a Church in a premises liability case where the plaintiff sustained severe spinal injuries necessitating spinal fusion surgery.
  
  
• Useche v. Zion Lutheran Church And Discipleship Chapel, Inc., Index No. 12552/04 (NY Sup, Kings Co.): Obtained summary judgment for a Church where plaintiff suffered a laceration to the right forearm, laceration of the ulnar nerve, and compartment syndrome.
  
  
• Butler v. First Baptist Church Of Westbury, Index No.  14544/04 (NY Sup, Nassau Co.): Obtained Summary Judgment for Church in Nassau County on claims in defamation and slander against a board member.
  
  
• Johnson v. Flatbush Presbyterian Church, 815 N.Y.S.2d 260 (2d Dep’t 2006)
  Successfully defended Church on claims asserted pursuant to Labor Law § 240(1) involving a worker’s fall from a ladder on Church property.

Product Liability and Mass Tort Defense

We serve as company counsel, insurer-appointed counsel, and as local counsel, in defense of product liability and mass tort litigation. 

Examples:

• 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):
  Represented pharmaceutical companies in defense of national DES litigation.
  
  
• Served as New York counsel to global pharmaceutical company in defense of blood factor litigation (HIV and Hepatitis-C claims).

• Obtained several no-pay dismissals of industrial product companies in defense of Asbestos claims.
  
  
• Served as New York counsel to global pharmaceutical company in defense of blood factor litigation (HIV and Hepatitis-C claims).
  
  
• Served as New York counsel to computer device company in defense of repetitive stress injury claims.
  
  
• Served as insurer appointed counsel to New York distributor of pharmaceutical supplies in defense of Latex Glove claims.
  
  
• Served as insurer appointed counsel of property owners in defense of lead paint exposure cases.
  
  
• Serve as New York counsel to global NYSE industrial products company in defense of Asbestos claims.