Fishkin Lucks successfully resolved a products liability action today brought against the Firm’s client, a specialty chemical company, in the Superior Court of New Jersey (Middlesex County). Plaintiff, a manufacturer of commercial lawn mowers, alleged that the Firm’s client had distributed defective plastics used in the manufacture of gas tanks installed on the mowers, which prompted a nationwide recall. After targeted discovery attacking plaintiff’s defect theory, and that was designed to demonstrate the Firm’s client was immune from suit under New Jersey’s Products Liability Act as a “product seller,” plaintiff accepted a de minimis settlement from our client, which accounted for less than 1% of plaintiff’s total nationwide recall costs.
