Fishkin Lucks is pleased to announce that Steven Lucks was named a 2013 “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.
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.
Fishkin Lucks secured a voluntary dismissal with prejudice today of third-party claims brought against our client, a global provider of products and services to the masonry concrete industries, in the Superior Court of New Jersey (Bergen County). The third-party complaint sought damages under a variety of legal theories predicated on alleged defects in our client’s latex and microsilica modified mortar used for sidewalk repairs. The dismissal was the product of aggressive discovery sought from the third-party plaintiff and was accomplished before our client had to submit to discovery served by other parties.
Fishkin Lucks prevailed today in the Supreme Court of New York (Bronx County). Following hearing, the Court granted the Firm’s motion to dismiss plaintiff’s action alleging that our client, an international banking institution, was negligent and breached various provisions of the Uniform Commercial Code by making payments on checks bearing forged endorsements. We were able to persuade the Court that the “discovery rule” was inapplicable and that the statute of limitations barred all of plaintiff’s claims.
Fishkin Lucks obtained a voluntary dismissal with prejudice today of an action brought in the Supreme Court of New York (Bronx County) alleging that the Firm’s client, a national life insurance company, breached the terms of plaintiff’s insurance policy and violated various provisions of the New York Insurance Law. The Firm responded to plaintiff’s complaint with a motion to dismiss based on plaintiff’s violation of applicable statutes of limitations, and a motion seeking sanctions, prompting the voluntary dismissal.
