Representative Matters*

• In an antitrust suit lodged against 11 insurers by two disaster recovery services, secured a dismissal with prejudice in the U.S. District Court for the Northern District of West Virginia of claims that insurers engaged in an unlawful conspiracy to “steer” policyholders away from the plaintiffs.
• Won dismissal on summary judgment in federal court of negligence claims against a construction manager and a general contractor brought by a concrete subcontractor who injured his foot when he failed to properly secure a set of large concrete panels to a crane's lifting mechanism. The federal court ruling, later upheld by the Third Circuit, dismissed claims against the first defendant on grounds of statutory employer immunity and against the second because it owed no duty to the plaintiff.
• Secured dismissal of all claims against a bank in two related cases in South Carolina
  while the co-defendants in the case – an insurance agency and carrier – paid to settle nearly identical claims. The dispute stemmed from claims against a tavern for overserving a patron who later seriously injured others while driving. The bank had financed a premium insurance policy but later directed its cancelation due to nonpayment.
• In litigation over a jeweler’s claim that two companies had negligent failed to procure insurance that would have covered a burglary, Fox convinced the jeweler to drop all claims against our client while the co-defendant paid to settle with the jeweler.
• Secured summary judgment for a property manager in a $5.8 million suit over losses in a produce warehouse fire. A tenant and the warehouse owner sued an HVAC maintenance company which in turn lodged a claim against the property manager. A federal judge in New Jersey granted summary judgment based on the lack of any legal duty owed by a landlord's property manager to maintain the interior building elements under the terms of the lease. 
• Obtained dismissal of all claims against an insurer and its President and CEO in an Ohio insurance agency’s suit alleging improper termination of an agency agreement. The court dismissed multiple claims for negligence, fraud and tortious interference, and awarded the insurer full recovery on its counterclaims.
• Won summary judgment on all claims in a private nuisance suit lodged against a Pennsylvania farm after it opened a state-of-the-art chicken barn to produce eggs. The court adopted our arguments that the farm was shielded from nuisance lawsuits by Pennsylvania's Right to Farm Act. Secured a second victory in a similar nuisance case brought by neighbors of a farm producing fertilizer, with the court ruling that “normal agricultural activities” are shielded by Pennsylvania’s Right to Farm Act.

*Results may vary depending on your particular facts and legal circumstances