On January 13, 2023, the Nebraska Supreme Court confirmed dismissal of an alleged personal injury claim against Baird Holm’s client, Concordia University. This is an important win for businesses and educational institutions because it solidified that these entities may take reasonable steps to protect themselves against personal injury claims. David Kennison was lead counsel for Concordia University and argued the case before the Nebraska Supreme Court. Continue Reading

Max Gershenoff, Janice DiGennaro, and Yonatan Bernstein successfully defended Wigdor LLP, a prominent Manhattan law firm that specializes in cases involving sexual harassment and misconduct, against claims that it engaged in supposed wrongdoing while representing one of its clients. In Black v. Ganieva, et al., S.D.N.Y. Case No. 1:21-cv-08824-PAE, billionaire plaintiff Leon Black had alleged in federal court that Wigdor made defamatory statements and committed RICO violations while representing its client in connection with a… Continue Reading

On July 15, 2022, Sweeney & Sheehan Partner Michael Kunsch won a unanimous defense verdict in a product liability case following a 4-day jury trial in the Eastern District of Pennsylvania. The plaintiff sustained injuries after falling from a steel rolling tower scaffold in the course of his employment as a union carpenter. In a significant pretrial ruling, District Judge Mark Kearney predicted that the Pennsylvania Supreme Court will overrule its longstanding categorical preclusion of… Continue Reading

Casey Murphy, Greg Mann, and Brian Feld of Rivkin Radler LLP in Uniondale, New York, obtained a summary judgment award in the Southern District of New York of over half a million dollars for the firm’s client. The case was brought on behalf of a high-end jeweler against the professional boxer, Gervonta Davis, for failure to pay for three pieces of merchandise. In December 2019, Rivkin Radler’s client delivered a diamond-encrusted charm with Davis’ nickname, “Tank,”… Continue Reading

After successfully representing Encompass Health in its Certificate of Need Application to establish a 50-bed Rehabilitation Hospital Center in Johnston, Rhode Island, before the Rhode Island Department of Health, Adler Pollock & Sheehan (AP&S) defended the objectors’ appeals of that CON approval ending all legal challenges.  On August 26, 2020, the Director of the Rhode Island Department of Health, Nicole Alexander-Scott, M.D., MPH, issued her decision approving the Application; however, following the objectors’ administrative appeal,… Continue Reading

Wicker Smith Orlando partners Richards Ford and Patrick Mixson obtained a defense verdict following a seven-day wrongful death medical malpractice case in Osceola County, Florida. The plaintiff, the estate of the deceased, claimed on behalf of his surviving spouse that the 57-year-old decedent died from a pulmonary embolism two days after an arthroscopic meniscectomy surgery performed by the firm’s client, an orthopedic surgeon, in December 2014. The plaintiff claimed that the firm’s client improperly failed… Continue Reading

In a case brought before New York State Supreme Court, County of Queens, Traub Lieberman partner Lisa Rolle obtained a motion to dismiss in favor of defendants Dave & Buster’s of New York, Inc., Dave & Buster’s Inc., and Dave & Buster’s Management Corporation, Inc. (collectively “Defendants”). In the case, the plaintiff alleged food poisoning from food consumed at an event on Defendants’ premises on September 8, 2019. In their motion to dismiss, the Defendants… Continue Reading

After six years of litigation and a week in trial, a dismissal with prejudice was entered for defendant Louisville Ladder Company due to impeachment evidence against plaintiff Richard Skinner. Friedrich W. Seitz and Kelsey L. Maxwell represented the defendant. The case began on May 6, 2016, when the plaintiff sued Louisville Ladder Company because of a fall from a ladder on May 18, 2014, which shattered his left calcaneus. On the eve of trial, the court granted the defendant’s… Continue Reading

Moran Reeves & Conn attorneys Shyrell A. Reed, Taylor D. Brewer, and Sophia M. Brasseux obtained a dismissal of a wrongful death case against a hospital in Virginia two months before trial. The case involved the failure to diagnose and treat a sacral pressure ulcer. Just after Reed deposed plaintiff’s causation and damages expert, plaintiff’s counsel took a non-suit. Continue Reading

Barclay Damon’s Michael Murphy and Brienna Christiano were successful at trial on behalf of client Firefighters Association of the State of New York (FASNY) and Steven Klein. The plaintiff alleged FASNY, his former employer, and its then president terminated him in retaliation for reporting alleged violations of FASNY policies. The jury unanimously concluded the defendants did not retaliate against the plaintiff. Continue Reading

Wicker Smith Miami partner Jaime Baca and associate Danielle Carlsen were awarded a complete defense verdict in September while representing a major retailer in a slip and fall case. The plaintiff alleged to have incurred five different herniated disks from a forward fall onto her knee and arm, ultimately undergoing a 2-level lumbar fusion, several injections, and a right shoulder arthroscopy. Plaintiff had $280,000 in past medical bills and asked the jury for a total… Continue Reading

On September 29, 2022, Jones Skelton & Hochuli partners Michael Ludwig and Jack Klecan obtained a defense verdict in a premises liability case following a four-day trial in Maricopa County Superior Court. The plaintiff sustained permanent injuries to her face and back following a fall at a business center which defendants landscaped. Plaintiff asked for $1.2 million in damages during closing. The defense maintained it did not breach the standard of care.  After deliberating for two hours,… Continue Reading

Moran Reeves & Conn’s healthcare team attorneys Shyrell A. Reed and Sophia Brasseux recently obtained a dismissal with prejudice in a wrongful death case for a hospital in Virginia several months before the trial date. The matter involved the alleged failure by the hospital to appropriately staff its emergency department and to provide appropriate care and treatment of a two-year-old who presented with flu-like symptoms. Plaintiffs alleged that the hospital was negligent in discharging the child… Continue Reading

After more than 10-plus years of litigation, including three appeals to the West Virginia Supreme Court of Appeals, Flaherty Sensabaugh Bonasso attorneys Timothy L. Mayo and Jason Proctor were successful on behalf of the City of Charleston, West Virginia, in securing the termination of a law enforcement officer who had exhibited a pattern and practice of misconduct in the discharge of his official duties. The years of misconduct led to a need to remove the… Continue Reading

Pion Law attorneys John Pion, Jim Girman and Jordan Hettrich recently obtained a defense verdict following a week-long trial in Federal Court in Erie, Pennsylvania. The case, Robert Repa and Jean Repa v. Frank Napierkowski and Hilltrux Tank Lines, Inc., stemmed from a May 2, 2018, incident in Cambridge Springs, Pennsylvania. Plaintiffs alleged that on the night of the incident, Frank Napierkowski, a driver for Hilltrux Tank Lines, Inc., struck Robert Repa as Mr. Repa,… Continue Reading

Jones, Skelton & Hochuli, PLC Partners Steve Bullington and Cory Tyzska obtained a unanimous defense verdict for a medical malpractice case.  This case involved allegations of medical malpractice arising from a neurologist’s workup of a patient’s complaints of left-sided symptoms of weakness, shaking, and loss of control.  Six weeks after the workup, the patient suffered a stroke and has residual permanent injuries. Plaintiff alleged that the neurologist was negligent for failing to order vascular imaging,… Continue Reading

A team from Hanson Bridgett LLP successfully defended Leprino Foods Company, the world’s largest mozzarella cheese maker and top producer of whey protein and dairy ingredients, in a class action in which the plaintiffs sought more than $100 million for alleged non-compliant meal and rest breaks at the company's largest plant in Lemoore, California. After a four-week jury trial in federal court in Fresno, California, the jury returned a unanimous defense verdict after just over an… Continue Reading

Sweeney & Sheehan Partner Robyn Farrell McGrath recently represented a commercial property owner and received a compulsory non-suit at the end of the plaintiff’s case in a premises liability action tried in the Philadelphia County Court of Common Pleas. The 51-year-old plaintiff had suffered bilateral lower extremity fractures after falling from a 16’ extension ladder and was claiming permanent disability because of his injuries. Plaintiff sued both a tenant and the property owner, arguing that… Continue Reading

This case arose from a fatal crash near Jackson, Mississippi. Carolyn Crechale, age 81, was driving a Cadillac sedan when she changed lanes on the interstate and collided with another vehicle. This initial accident was a “fender bender.” Crechale remained stopped in the interstate while the other vehicle moved to the shoulder. She remained stopped for approximately 10-15 minutes and spent 8 and a half minutes on her phone. David Brooks was operating a tractor-trailer… Continue Reading

Traub Lieberman Partner Lisa Rolle earns motion to dismiss for international hotel conglomerate client and summary judgment for a contract utility company in a personal injury action Traub Lieberman (TLSS) Partner Lisa Rolle successfully secured the dismissal on behalf of an international hotel conglomerate in an action asserting tort claims brought in the Southern District of New York, as well as Bronx Supreme Court. The plaintiffs, who are New York residents, made a reservation to… Continue Reading

Michael Sirignano, Steve Henesy and Garin Scollan of Rivkin Radler LLP in Uniondale, New York, secured an important summary judgment victory in a Civil RICO action in U.S. District Court for the Eastern District of New York. The case involved allegations of a wide-ranging fraudulent scheme to pay kickbacks in exchange for patient referrals. Continue Reading

In a case brought against multiple healthcare facilities before the Supreme Court of the State of New York, County of Westchester, Traub Lieberman Partner Colleen E. Hastie and Associate Peter Iannace won a motion for summary judgment in favor of a skilled nursing facility (the “SNF”). This medical malpractice/negligence case was brought against multiple health care facilities and organizations by decedent’s estate, who alleges decedent’s death was the result of the actions or inactions of… Continue Reading

Wicker Smith Orlando shareholders Richards Ford and Patrick Mixson recently obtained a defense verdict following an eight-day medical malpractice trial in Hernando County, Florida. They represented the hospital in a case involving the alleged failure to diagnose a bowel perforation following a laparoscopic gynecological surgery performed on the day before the first of three straight days of presentation to the ER. Plaintiff claimed that the co-defendant surgeon negligently perforated her bowel during the surgery and failed to recognize it,… Continue Reading

On December 12, 2022, attorneys Ted Martin and Shereen McDaniel obtained a defense verdict in a medical professional liability case in the Circuit Court of Harrison County, West Virginia. Plaintiffs (husband and wife) alleged that a diagnostic radiologist deviated from the standard of care in the work-up of a palpable breast mass, which delayed the diagnosis of breast cancer. Plaintiffs sought damages for past medical expenses and the maximum amount of noneconomic damages recoverable under… Continue Reading

Williams Kastner attorneys Rodney L. Umberger and Eddy Silverman, with the help of Seattle paralegal Tristan Pirak, recently obtained a defense verdict in a $50 million premises liability/product liability case following a three-week in-person trial in King County, Washington, with Superior Court Judge Chad Allred presiding. The case, Strout v. Walmart, arose out of allegations that Walmart and others were at fault for paraplegia injuries the plaintiff sustained as a result of a fall out of a second-story… Continue Reading

After a two-week in-person jury trial in Kleberg County (Kingsville, Texas), Mike Magee and Brian Armstrong, MehaffyWeber shareholders received a complete defense verdict in a negligence/death case for their client, Hunter Industries, Ltd. (“Hunter”). In February 2017, two young men were driving together on a clear afternoon in Refugio County on US 77 when their vehicle ran off the road and vaulted into the San Antonio River. Tragically, both young men drowned. The families of… Continue Reading