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.

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. 

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.

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.

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.

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."

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.

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.