Cooper Tire & Rubber Company – Product Liability Litigation
On August 5, 2019, Justice Alison Tuitt of the New York Supreme Court, Bronx County, granted longtime Herrick client, Cooper Tire’s motion for summary judgment in a product liability action that has been pending for over 8 years. This case emanates from a tragic and highly publicized accident involving multiple fatalities in 2010 where a church van experienced a rollover after a left rear tire failure. Cooper Tire manufactured the failed tire and asserted from the outset that it was not defectively manufactured or designed, nor was it the proximate cause of the incident. The Court, while keeping Ford Motor Company in the case on various theories of product liability, dismissed all claims and cross-claims against Cooper Tire, finding that the tire it manufactured had been misapplied, misused and abused, leaving it in a different condition than it had been at the time of its manufacture in 2003.
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.
National Energy Services Provider – Consumer Fraud Class Action
Defense of the affiliate of a national energy services provider in a consumer fraud class action filed in Pennsylvania federal court by plaintiffs claiming to have been “locked” into variable rate contracts charging purportedly inflated rates for electricity.
Pharmaceutical Company – Product Liability and Consumer Fraud
Defense of a major pharmaceutical manufacturer in a national litigation involving claims of failure to warn and consumer fraud.
Consumer Products Manufacturer – Product Liability
Defense of a major international consumer products manufacturer in actions arising from misuse of personal care products.
Major Paint Manufacturer – Lead Paint Nuisance Claim
Successful defense of a major paint manufacturer in a suit in which the New Jersey Supreme Court held that a public nuisance claim brought by 26 cities and counties seeking lead paint abatement and healthcare costs failed as a matter of law.
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.
The Goodyear Tire & Rubber Company – Product Liability Litigation
Represent Goodyear in product liability matters involving tires, rims, hoses, inflation tools, roofing products, retail stores and related real estate issues.
Product Manufacturer – Class Action
Represented a product manufacturer in a federal class action involving claims of consumer fraud and product liability.
Multinational Tire Manufacturer – Consumer Fraud Class Action Defense
Successful defense of the North American subsidiary of a multinational automotive parts manufacturer in national consumer fraud class actions involving allegations that an innovative tire design was more susceptible to road hazard damage than regular tires. The firm’s successes on behalf of the client include obtaining an important, precedent setting decision from the Third Circuit Court of Appeals that vacated the lower court’s certification of a limited New Jersey sub-class of plaintiffs, and then later securing the dismissal of all but one of the claims asserted in a copycat class action, effectively precluding the plaintiffs from further pursuing the litigation.
Consumer Products Manufacturer – Class Action Defense
Represent a major consumer products manufacturer in consumer fraud class actions involving the marketing of food and cosmetic products.
Cooper Tires – Product Liability Litigation
Represent Cooper Tires with its product liability matters.
Borrower – Lending Liability
Represented a borrower regarding management of escrow fund for continuing care retirement community.
Building Materials Manufacturer – Product Liability Disputes
Representing major manufacturer of commercial and residential roofing in multiple warranty claims.
Continental Tire – Product Liability Litigation
Representing Continental Tire North America, Inc. - the North American operations of global automotive manufacturing company Continental AG - in product liability matters.
