Fishkin Lucks secured a voluntary dismissal with prejudice today of a substantial toxic tort wrongful death action brought against the Firm’s client, a Fortune 100 petroleum company, in the Superior Court of New Jersey (Camden County). Following a hearing on the Firm’s motion for summary judgment, Plaintiffs voluntarily dismissed all claims against the Firm’s client on the basis of our argument that pointed discovery revealed there was no issue of fact that the Firm’s client’s products did not cause or contribute to plaintiffs’ decedent’s injuries and death.
The Supreme Court of New York (Nassau County) (McCormack, J.) granted today the Firm’s motion for partial summary judgment dismissing claims brought by two of three plaintiffs against our client, a national life insurance company, for death benefits under a lapsed life insurance policy. The Court agreed with the Firm’s arguments that, based on an extensive record developed through discovery, the dismissed plaintiffs lacked standing as owners or beneficiaries under the lapsed policy.
Following a lengthy hearing, the Supreme Court of New York (New York County) (Coin, J.) granted today the Firm’s motion to dismiss 15 of 19 causes of action contained in an Amended Verified Complaint brought against our clients, American International Group, Inc., The United States Life Insurance Company in the City of New York (“US Life”), and Marsh & McLennan Companies. We successfully argued, inter alia, that the dismissed causes of action failed under the doctrines of res judicata and collateral estoppel in that they arose from the same operative facts and were virtually identical to cross-claims brought against US Life that the Firm successfully moved to dismiss in C.I.D.N.Y. – Independent Living Services v. Alan Gerson, et al. Index No.: 651452/2013 (New York County).
Fishkin Lucks is pleased to announce that Zack Silverman was named a 2015 “Rising Star” in the area of Business Litigation by NY Metro Super Lawyers®, a magazine and rating service for the legal community. Super Lawyers® bestows the “Rising Star” designation upon “the top up-and-coming attorneys in the state” who are 40 years old or younger. The selection process is a multi-phased, rigorous combination of peer nomination and review by an attorney-led research team. Lawyers throughout the State nominated Zack based on their first-hand observations of him in the courtroom, including as opposing counsel and co-counsel. Less than 2.5 percent of lawyers under the age of 40 are selected for this prestigious honor.
The New York Appellate Division (First Department) affirmed today the dismissal of breach of contract claims brought against the Firm’s client, a national life insurance company, by its former servicing agent in Latin America for wrongful termination of, and alleged commissions due under, the parties’ agency agreement. The First Department agreed with the Firm’s arguments before the trial court, finding that plaintiff did not have a viable wrongful termination claim based on the law of the case, and that his claim for unpaid commissions had already been voluntarily discontinued following extensive discovery. The decision provides a complete victory for the Firm’s client after three years of hotly contested litigation.
Fishkin Lucks is pleased to announce that Steven Lucks was named a 2015 “Rising Star” in the area of Civil Litigation by NJ Super Lawyers®, a magazine and rating service for the legal community. Super Lawyers® bestows the “Rising Star” designation upon “the top up-and-coming attorneys in the state” who are 40 years old or younger. The selection process is a multi-phased, rigorous combination of peer nomination and review by an attorney-led research team. Lawyers throughout the State nominated Steve based on their first-hand observations of him in the courtroom, including as opposing counsel and co-counsel. Less than 2.5 percent of lawyers under the age of 40 are selected for this prestigious honor.
