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 related claims, assaults, negligent supervision, sexual assault or harassment, and building design and maintenance claims.

Our product liability trial work covers consumer product cases and work related injury claims. Our toxic tort trial work includes pharmaceutical, chemical, lead and asbestos exposure cases. We have been retained as company counsel, insurer-appointed counsel, and as local counsel, in some of the nation’s largest, most hotly litigated mass tort controversies.

Recent Defense Verdicts/Summary Judgments

• 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 and the Lutheran Church-Atlantic District 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.
• 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 resulting in several surgeries and nerve damage.
• 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 involving disc herniation, disc bulge, a compression fracture of the spine, radiculitis, and radiculopathy.
• Brown v. Concord Baptist Church of Christ, Index No. 38074/05 (N.Y. 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 (N.Y. Sup., N.Y. Co.): Obtained summary judgment for a Church in New York County 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 (N.Y. Sup., Queens Co.): 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.): Obtained summary judgment for a Church in Bronx County in a premises liability and Labor Law case where the plaintiff sustained compound comminuted fractures of distal tibia/fibula requiring several surgeries.
• Mangia v. New Dorp Baptist Church, Index No. 11232/99 (N.Y. Sup., Richmond Co.): Obtained summary judgment for a Church in Richmond County 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 (N.Y. Sup., Kings Co.): Obtained summary judgment for a Church in Kings County 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 (N.Y. Sup., Nassau Co.): Obtained Summary Judgment for Church in Nassau County on claims in defamation and slander against a board member.

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 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).
• Successfully defended industrial product companies in numerous Asbestos lawsuits.
• 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.