Contract and Product Liability Disputes

  • Obtained $18.3 million jury verdict in Los Angeles federal court on behalf of iSpot in breach of contract case against EDO.
  • Defended automated control system manufacturer against allegations that a control logic programming error damaged a steam turbine generator. Obtained summary judgment based upon our client fulling its contractual obligations and the Economic Loss Rule. Successfully defended trial court’s decision in the Fifth Circuit Court of Appeals.
  • Defended automated control system manufacturer against allegations in subrogation action that client’s control system failed to prevent the manual opening of a valve that resulted in an explosion and $1 billion insurance payout. Obtained dismissal without any settlement payment.
  • Defended audio recording equipment manufacturer against breach of warranty and consumer fraud allegations. Successfully defended trial court’s dismissal of all claims in the Second Circuit Court of Appeals.
  • Defended PID temperature controller manufacturer against allegations that product started fire that caused $25 million in damages to food processing plant. Obtained summary judgment in favor of our client based on plaintiff’s inability to prove a product defect.
  • Defended HVAC compressor manufacturer against allegations of a product defect.  After moving for summary judgment, the other parties in the lawsuit reached a settlement and all claims against our client were dismissed.
  • Advised major software company regarding risk mitigation strategies for selling operating system as embedded software for third-party products.
  • Defended industrial valve manufacturer against allegations that it supplied a valve with the wrong metallurgy for the plaintiff’s application and therefore was responsible for over $100 million in damages resulting from a large oil refinery fire.  Obtained summary judgment in favor of our client based on plaintiff’s inability to prove a product defect or breach of duty. Successfully defended trial court’s decision in the Tenth Circuit Court of Appeals.
  • Defended HVAC compressor manufacturer against allegations of a product defect and breach of warranty.  Obtained dismissal of all claims in the trial court.
  • Represented international paper manufacturer as co-lead counsel in multimillion-dollar dispute over defects in the construction of a boiler for a biomass co-gen power generation plant.
  • Represented purchaser of plastics extrusion business against the sellers to recover from post-closing damages caused a plant explosion.  After an arbitration hearing in Milan, Italy, resolved the matter on favorable terms.
  • Defended video game console against product defect allegations.
  • Defended luxury boat manufacturer against breach of warranty allegations.