Experience
Industrial Contractor v. Various Subcontractor Defendants
Our client, an industrial contractor and supplier, sued the subcontractor for non-payment of $75,000. The case was settled before litigation was filed.
Insurance Coverage Dispute Involving Allegations of Bad Faith
We represented an insurance company in a suit for breach of insurance contract and bad faith arising out of the client’s decision not to pay death benefits under an occupational accident insurance policy. The case was removed to federal court and summary judgment was granted in favor of the insurance company.
Insurance Coverage Dispute Involving Allegations of Bad Faith, Breach of Contract
We represented an insurance company in a suit for breach of insurance contract and bad faith arising out of the client’s decision not to pay disability benefits under an occupational accident insurance policy. The case was removed to federal court and the matter was resolved at mediation.
Lender Liability in a Commercial Foreclosure
A routine commercial foreclosure resulted in lender liability claims against the bank. Representing the bank, the case was settled on terms favorable to our client.
Regional Gas & Electric Company v. Turbine Manufacturer
Our client, a turbine manufacturer, contracted with a regional gas & electric company for the sale, construction, and installation of a turbine generator and associated equipment for use at one of its power stations. The gas & electric company filed a suit seeking in excess of $1 million, alleging that during installation, our client failed to properly install the generator and that the generator suffered substantial damage when certain parts broke. Plaintiff asserted claims for negligence and breach of contract. We obtained summary judgment for the Defendant, arguing the contract and the economic loss rule precluded all of Plaintiff's claims. The Sixth Circuit Court of Appeal upheld summary judgment.
Resource Sales, Inc., Allied Resources, Inc., Cochise Coal Co., Inc. and SMCC, Inc. v. Louisville Gas & Electric Co. and Kentucky Utilities Co.; Resource Sales, Inc., Allied Resources, Inc., Cochise Coal Co., Inc. and SMCC, Inc. v. Western Kentucky Energy
These companion cases concern disputes over two coal supply agreements. The coal producer declared force majeure and shut down one of its coal mines, thereby reducing (and ultimately stopping) all coal deliveries to our utility clients. Thereafter, our clients had to purchase coal at significantly higher prices than under the agreements, leading to approximately $50 million in damages our utility clients now seek to recoup. The cases seek a declaratory judgment as well as breach of contract claims.
Rochester Midland Corporation v. Peter J. Castellano
Plaintiff sued our client, a former employee, seeking injunctive relief and damages of $1,000,000 for alleged breach of non-compete restrictive covenants in the employment agreement. Plaintiff's request for injunctive relief was denied and plaintiff's claims were dismissed.
Serial Litigation Involving EIFS
Our firm acted as National Coordinating Counsel and handled serial product liability construction litigation throughout the country totaling $100 million involving EIFS exterior cladding. We were retained to represent dozens of clients in the construction industry in over 500 EIFS litigation cases, all of which proceeded through mediation, arbitration, trial or appeal.
Solutia Inc. v. FMC Corporation
We advised the client with respect to all aspects of the case, which was originally filed in State Court in St. Louis, then dismissed and re-filed in the US Bankruptcy Court in NY following the client's Chapter 11 filing. The U.S. District Court withdrew the reference and assumed jurisdiction of the claims. We litigated these claims for a fraction of the cost that would have been incurred by New York counsel, and achieved a very favorable settlement for the client. The settlement was approved by the Bankruptcy Court without objection from any constituency in the bankruptcy. Following approval of the settlement by the Bankruptcy Court, all claims were dismissed.
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