The firm has been retained to act as coordinating counsel in the defense of hundreds of national products liability matters involving, among other things, construction cranes, elevator hoists, prosthetic devices, prescription drugs, industrial screening equipment, cardboard cartons, automatic sliding doors, tires, and motorcycle helmets.
The firm is of record in several reported decisions, including a successful appeal before New York’s highest court in Brooke Group Ltd. v. JCH Syndicate 488, 87 N.Y.2d 530, 640 N.Y.S.2d 479, 663 N.E.2d 635 (1996) (finding “Service of Suit Clause” common to many Lloyd’s of London contracts of insurance does not constitute a mandatory forum selection clause); and the New York Appellate Division in Jamaica Public Service Co., Ltd. v. Compagnie Transcontinentale De Reassurance, 282 A.D.2d 227, 723 N.Y.S.2d 168 (1st Dep’t 2001) (affirming dismissal of action finding that defendant’s alleged oral agreement to act as a front or cedent, i.e., to nominally insure an all-risk loss and then pass on 100% liability to various reinsurers, was so vague and devoid of material terms, such as the amount of liability, the amount of the ceding fee, the duration and renewability of the agreement and the identity of the reinsurers, as not to be enforceable), and Kracker v. Spartan Chemical Co., Inc., 183 A.D.2d 810, 585 N.Y.S.2d 216 (2d Dep’t 1992) (summary judgment granted in toxic tort litigation notwithstanding plaintiff’s submission of several expert affidavits).
In addition, the firm has been successful in having plaintiff’s common law products liability and negligence claims dismissed as being preempted by Federal law. See Caradonna v. A.W. Chesterton Co., 841 N.Y.S.2d 217 (Supreme Court, New York County 2007) (summary judgment granted on the ground that plaintiffs’ common-law products liability and negligence claims were preempted by the Federal Locomotive Boiler Inspection Act, 49 U.S.C. 20701 et seq. and the Federal Safety Appliances Act, 49 U.S.C. 20301 et seq.). See also Caradonna v. A.W. Chesterton Co., 2007 NY Slip Op. 34363U; 2007 N.Y. Misc. LEXIS 8994 (Supreme Court, New York County 2007).
The firm is also well-represented through the prolific writings of its principal, David L. Ferstendig, who is General Editor of Weinstein, Korn & Miller New York Civil Practice: CPLR (LexisNexis), the premier treatise on New York civil practice. The work is cited as authoritative by New York State and Federal courts and recognized by bench and bar as the indispensable source for New York litigation attorneys. In addition, Mr. Ferstendig is recognized as a foremost authority on New York practice and procedure and is the immediate past Chair of the New York State Bar Association’s CPLR Committee, which evaluates and drafts proposed legislation.
