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
Represented Goodyear in product liability matters involving tires, rims, hoses, inflation tools, roofing products, retail stores and related real estate issues.
Bridgestone Firestone – National Counsel
For over thirty years, Herrick has served as regional counsel in New York and New Jersey for Bridgestone Americas Tire Operations LLC and its predecessors in connection with claims involving tires, rims, roofing materials, children's car seats, retail stores and employment matters. Since the company's recall of tires equipped on Ford Explorer vehicles in 2000, Herrick has acted with a small group of attorneys as National Counsel for the company and, in that capacity, has represented the company in hundreds of litigations pending around the country. Additionally, Firestone looks to Herrick for counsel and advice in crisis management and prevention. Summing up the relationship with the firm, the company's General Counsel stated "In the two decades we've worked with them, Herrick has proven to be the rare combination of top notch trial lawyers with solid business skills who know as much about presenting evidence to a jury as they do about risk management and cost containment."
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.
Consumer Products Manufacturer – Product Liability
Defense of a major international consumer products manufacturer in actions arising from misuse of personal care products.
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.
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 – Certification Denied in Consumer Fraud Class Action
Achieved a significant victory on behalf of a national energy services provider by defeating class certification sought by plaintiffs in a putative class action in Pennsylvania federal court, which targeted our client’s affiliate. Claiming to have been the victims of a scheme that “locked” them into variable rate contracts charging purportedly inflated rates for electricity service, plaintiffs sought certification allowing them to sue on behalf of practically anyone currently living in Pennsylvania that ever entered into a variable rate residential electric contract with the company. In its ruling, the court denied class certification on typicality, adequacy, predominance, and commonality. Herrick continues to represent the client on the plaintiffs’ appeal.
Product Manufacturer – Class Action
Represented a product manufacturer in federal class action involving claims of consumer fraud and product liability.
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.
Building Materials Manufacturer – Product Liability Disputes
Representing major manufacturer of commercial and residential roofing in multiple warranty claims.
Global Manufacturer of Building Products – Product Liability Litigation
Represented a global manufacturer of building products in litigation filed by an insurer, as subrogee of the purchaser of two roof systems. Plaintiff asserted claims for negligence, strict products liability and breach of express warranty relating to the alleged failure of those systems in a high wind event. Action was settled and dismissed on terms very favorable to our client.
Borrower – Lending Liability
Representation of borrower regarding management of escrow fund for continuing care retirement community.
Cooper Tires – Product Liability Litigation
Representation of Cooper in product liability matters
Consumer Products Manufacturer – Class Action Defense
Represented a major consumer products manufacturer in consumer fraud class actions involving the marketing of food and cosmetic products.
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.