Results

We obtained the dismissal of a former employee accused of trademark infringement. A spray foam insulation company brought a claim for trademark infringement against a former employee. The plaintiff claimed that it had used the mark in connection with its business for over eight years, thereby establishing secondary meaning of the mark in connection with spray foam insulation in the New Jersey market. The plaintiff further alleged the defendants used the mark in marketing and promoting their competing spray foam insulation business in New Jersey.

In a case where we represented an insurance broker, a Federal District Judge from the Southern District of West Virginia granted our motion to dismiss and dismissed the suit in its entirety. The plaintiff was a women’s fashion and accessory boutique. The suit arose from a dispute over the plaintiff’s insurance coverage for damages it sustained while being ordered to close by West Virginia’s COVID-19-related orders. The insurance carrier filed a motion to dismiss, and, thereafter, the plaintiff voluntarily dismissed the carrier.

We secured partial summary judgment for a Central Pennsylvania obstetrician and health system in a birth injury case that also alleged significant urogynecological injuries to the mother. The plaintiff’s firm had previously secured a $10 million award for a similar maternal claim. In this matter the court agreed that the plaintiff’s expert reports were insufficient, and dismissed the corporate negligence claim, the claim for injuries and future economic and non-economic damages of the child, and the mother’s claim for future economic and non-economic damages.

We obtained a directed verdict following a six-day jury trial in York County, Pennsylvania under COVID-19 restrictions. In this property damage case, the plaintiff claimed that his house was flooded when his local property manager and water company failed to coordinate the turn-on of water service while he was residing in Colorado.

Our defense team successfully obtained an affirmance of the grant of summary judgment in a premises liability case. The plaintiff asserted he tripped and fell in our client’s supermarket and that the fall exacerbated his epilepsy. The discovery period ended without the plaintiff producing an expert opinion that causally connected the medical complaints to the fall. The plaintiff claimed that his treatment for cancer caused his inability to be timely examined and to obtain an expert opinion.

We obtained dismissal of a six-figure claim in Philadelphia County via preliminary objections. The plaintiff homeowner sued a lighting designer for breach of contract, negligence for $23k in remediation costs, statutory remedies for treble damages and legal fees. The plaintiff alleged the lighting designer was a home improvement contractor who violated the Home Improvement Consumer Protection Act (HICPA) and Unfair Trade Practices and Consumer Protection Law. The plaintiff omitted pertinent facts from the complaint.

A FINRA arbitration panel recommended the expungement of a customer complaint relating to allegedly unsuitable investments in oil and gas investments that declined during the early months of the COVID-19 pandemic.  

We obtained a dismissal of a consumer fraud class action against our clients, a national firm and its principal, who specialize in identifying and reclaiming lost property for consumers who are unaware that such lost property exists.

We received a favorable decision from the Department of Labor (DOL) denying a coal miner’s claim for benefits when the only evidence submitted by his widow was the death certificate listing severe chronic obstructive pulmonary disease (COPD) as the primary cause of death. The DOL claims examiner agreed with our position that the death certificate alone, was insufficient evidence to sustain the claimant’s burden of proving that her husband had totally disabling coal workers’ pneumoconiosis during his lifetime.

We were successful in obtaining a decision denying a widow’s claim for Federal Black Lung benefits. The deceased miner worked in underground coal mining for 11 years. His lifetime claim for benefits was denied after numerous claim filings and appeals. The widow then sought survivor’s benefits based upon the opinion of her medical expert, who opined that the miner’s death was hastened by coal workers’ pneumoconiosis.