Matters

The Goodyear Tire & Rubber Company – Product Liability Litigation

Represented Goodyear in product liability matters involving tires, rims, hoses, inflation tools, roofing products, retail stores and related real estate issues.

Cooper Tires – Product Liability Litigation

Representation of Cooper in product liability matters

Continental Tire – Product Liability Litigation

Represented Continental Tire North America, Inc. - the North American operations of global automotive manufacturing company Continental AG - in product liability matters.

Manhattan Developer – Construction Delay Issues

Advising one of the premiere developers of Manhattan luxury residential condominiums in connection with a construction agreement and construction delay issues involving the general contractor and a subcontractor on a new $450 million luxury condominium tower.

Sponsor – Brooklyn Waterfront Residential Tower Construction Defect Dispute

Advising the sponsor of a luxury condominium tower on Brooklyn’s waterfront on resolving pending litigation in which the board alleges construction defects.

Public Utility – Interference Work Dispute

Advising a major public utility company on a dispute and possible arbitration involving over 1,600 invoices for interference work related to a major public improvement project for the City of New York.  

Technology Company – Licensing Dispute

Representing the developer of an innovative insurance product in litigation filed in New York State court arising from the alleged breach of a licensing agreement giving our client exclusive access to certain data that serves as the foundation for the new product.

Former Owners of Acquired Business – Litigation to Recoup Monies Held in Escrow

Representing the former owners of a designer and distributor of mechanical and chemical fastening products acquired by a Fortune 500 manufacturer of industrial tools and household hardware in litigation to recoup monies held in an escrow account as indemnification payments for post-closing risks. Dispute involves issues related to import tariff and customs duties imposed by Canadian authorities on products imported by the acquired business from the Republic of China.

Defense of Consolidated Personal Injury Actions from Passenger Van Rollover

Representing a leading tire manufacturer in multiple personal injury and wrongful death actions consolidated in Bronx Supreme Court. The actions seek damages from our client and other defendants in connection with a rollover accident involving a 15-passenger transport vehicle.

Condominium Sponsor – Construction Defect Dispute with Construction Manager and Contractors

Representing the sponsor of a Brooklyn, NY condominium development in litigation with the project's construction manager and contractors arising from claims by the condominium's board of managers that work in accordance with an offering plan under which the condominium's units were sold was not adequately performed.

Privately Held Manufacturer – All Claims Dismissed in JAMS Arbitration Initiated by Former CEO and Majority Shareholder

Achieved total victory for a promotional products manufacturer and distributor, defeating all claims asserted in an arbitration for breach of employment and shareholders agreements, breach of fiduciary duty, and shareholder oppression initiated by the company’s former CEO and former majority shareholder. The panel found that the claimant had indeed been properly terminated, referencing numerous instances in which the claimant charged the client for non-business related expenses or used company resources to conduct side businesses for the sole benefit of the claimant’s friends and relatives. Finding the remaining claims meritless, the panel ultimately found our client, as the prevailing party, entitled to recover the full costs of the arbitration, including legal fees.

Negotiated Settlement Resolving Construction Defect Dispute with Luxury Residential Tower’s Board

Represented the sponsor of a luxury Manhattan residential condominium tower in assessing and resolving damage claims asserted by the building’s board of managers in connection with alleged construction defects, violations of construction specifications, failure to comply with the offering plan, and breaches of various warranties. Negotiated a favorable settlement that resolved the dispute amicably and avoided potentially disruptive and costly litigation.

Multinational Cosmetics Company – Favorable Resolution to Breach of Contract Action

Represented a multinational cosmetics company in litigation filed in New York federal court by a Washington, DC area retailer asserting breach of contract, detrimental reliance, and tortuous interference claims, which sought monetary damages and a preliminary injunction preventing our client from violating a retailer agreement that allegedly required it to supply cosmetic products to the plaintiff. After obtaining an order denying the plaintiff’s motion for a preliminary injunction, Herrick negotiated a settlement on favorable terms that resolved the litigation.

Manufacturer – Summary Judgment in Breach of Contract Action

Successfully represented a Queens, NY-based packaging manufacturer, obtaining summary judgment in a New York state court breach of contract action against a former customer who failed to pay for goods ordered and received.

Ireland-based Company – Dismissal for Lack of Jurisdiction

Successful defense of an Ireland-based entity in litigation asserting fraud and breach of warranty claims arising from alleged misstatements and omissions of material facts made in the shareholder’s agreement of a venture formed to lay an undersea telecommunications cable between Ireland and Wales. Secured the client’s dismissal from the action based on lack of personal jurisdiction.

Product Manufacturer – Class Action

Represented a product manufacturer in federal class action involving claims of consumer fraud and product liability.

Global Automotive Manufacturer – Dismissal of All Claims in Product Liability Litigation

Herrick successfully defended the North American operations of a global automotive manufacturing company in product liability litigation involving claims based upon implied and express warranties, strict liability and negligence, all premised upon alleged property damage to a vehicle and consequential damages to a construction business caused by allegedly defective tires. The court dismissed all claims against our client, finding that the causes of action were barred under the economic loss doctrine.

Successful Defense in Multi-Plaintiff Litigation Alleging Fraud, FLSA and Civil RICO Violations

Defended individuals and related corporations affiliated with a global network of yoga studios in a highly publicized lawsuit in Arizona federal court in which more than two dozen plaintiffs asserted claims including fraud, undue influence, unfair and deceptive business practices, emotional distress, FLSA violations and civil RICO violations. Following a ruling dismissing the majority of claims, this litigation was ultimately terminated when all remaining causes of action asserted in an amended complaint were either dismissed by the court or withdrawn by the plaintiffs.

Former Corporate Officer – Successful Defense of Fraud and Unjust Enrichment Claims

Successful defense of a former corporate officer in suits filed in New York and Wisconsin state courts arising from an investor’s claims of fraud and unjust enrichment in connection with alleged misrepresentations about the sales, revenues and future prospects of a business in which the plaintiff had invested.

Borrower – Lending Liability

Representation of borrower regarding management of escrow fund for continuing care retirement community.

Corporate Litigation

Assistance with post-closing indemnification issues following sale and merger.