RECENT CASES
BROWN ROBERT, LLP

Breach of Contract:

Represented interstate trucking company in Federal Court litigation involving dispute with former customer regarding unpaid freight tariffs and fraudulent inducement to perform shipping services. Settled.

Represented interests of design professional in litigation involving design services contract. Trial before the Court resulted in verdict in favor of our client.

Class Action Defense:

Represented out-of-state defendant in defense of putative class action regarding the sale of insurance products. Filed motion to dismiss based on lack of personal jurisdiction. Action against client dismissed, with prejudice.

Complex Commercial Dispute:

Represented local manufacturing company in litigation against former executive. Settled at pretrial mediation as part of confidential settlement.

Represented property management company in claim for interference with contractual relationship. Parties settled on terms favorable to our client.

Represented design professional in claim for malpractice. Claim against client dismissed.

Copyright Infringement:

Represented photographer in multiple copyright litigations against manufacturers and distributors of products containing infringing photographs. Settled.

Insurance Coverage - Autism:

Represented family of child diagnosed with autism in action against national insurance company based on insurance company’s failure to reimburse therapy expenses. Insurance company took the position that coverage for autism was limited to $500 per year under the “mental and nervous disorders” limitation in the policy. Federal jury verdict in favor of plaintiffs finding that autism is not a mental or nervous disorder and awarding six-figure damages.

Patent Infringement:

Prosecution of patent infringement action relating to precision measuring instrument technology. Judgment of infringement in favor of our client. Settled after appeal.

Represented appellant before United States Court of Appeals for the Federal Circuit in claim regarding false marking of patent numbers on product. Affirmed on appeal.

Represented individual inventor before District Court and Court of Appeals in patent infringement litigation against manufacturer. Patent claims barred by earlier litigation between parties involving different patent.

Real Estate Litigation:

Represented plaintiff in action to cancel real estate contract relating to development property in New York State. Contract cancelled and matter dismissed with prejudice.

Securities - Business Fraud:

Successful prosecution of a securities and business fraud claim on behalf of the former executive of a large pharmaceutical manufacturer. Seven-figure resolution in favor of our client.

Surety:

Represented surety company in dispute regarding public construction contract dispute in New York. Case dismissed based on plaintiff having commenced action in improper venue.

Trademark Infringement:

Represented real estate company in trademark infringement claim asserted against junior user of trademark. Action resolved in client’s favor and infringing use stopped.

Warranty Litigation:

Represented manufacturer/importer of flooring products in breach of warranty dispute. Warranty terms upheld and claims resolved.

Wrongful Death:

Represented lessor of industrial equipment in defense of action in which worker was crushed by a forklift. Successfully argued at trial court that action should be dismissed based on the workers compensation bar. Represented client before Florida's Fourth District Court of Appeals and dismissal affirmed on appeal.