Blackwell Burke P.A. won a complete defense verdict for one of the world's largest global innovation manufacturing companies in a seven-figure asbestos exposure case in St. Louis, Missouri for one of the world's largest global innovation manufacturing companies. Successfully demonstrated that the plaintiff did not have silicosis, but instead had a rare, non-occupational and misdiagnosed vascular tumor. St. Louis has consistently been named a “judicial hellhole” for corporate defendants. #blackwellburke #verdict #litigation

Blackwell Burke P.A. won a complete defense victory on behalf of General Mills in a contractual-indemnity claim. CSX Transportation sought reimbursement for a settlement of $16 million it paid to a former General Mills’ employee following a serious railcar accident at General Mills’ Covington, Georgia facility in 2005. The settlement was made pending CSX’s appeal of a $20.5 million jury verdict against it, based on the jury’s finding that CSX was at fault for the accident. The Court dismissed CSX’s indemnity claims against General Mills, agreeing that it was not contractually required to indemnify CSX for claims arising from CSX’s…

Blackwell Burke P.A. won a complete defense verdict in this bench trial, securing $14,232,000 in termination payments, plus prejudgment interest for IBM. Carlson Inc., a travel and hospitality company, entered into a ten-year master services agreement with IBM, with a total value of $646 million. Carlson claimed IBM misrepresented its expertise to perform on the contract and terminated the agreement. Carlson sued alleging fraudulent inducement, fraud in performance, breach of contract, and breach of fiduciary duties. Carlson sought monetary damages and a declaration that it was entitled to withhold payment on IBM's charges. The judge agreed with IBM that Carlson…

Blackwell Burke won summary judgment on behalf of a Fortune 500 food manufacturer in a multi-million-dollar premises case venued in Erie County, New York.  The case, in which a railroad sought indemnification from the firm’s client for the plaintiff’s personal injuries, involved complex issues of Federal Employers Liability Act (FELA) liability, contractual indemnification, New York statutory insurance liability, and the rights of parties acquired during a series of asset divestitures. The court agreed with Blackwell Burke that the firm’s client had no obligation to defend the railroad under an old contract with the railroad’s predecessor. The court further ruled that…

Blackwell Burke P.A. won a complete defense verdict for 3M in a Los Angeles County asbestos lawsuit. The California jury rejected the plaintiff’s claims that 3M’s respirator failed to protect him from asbestos fibers. The plaintiff, Angel Rigor, initially demanded $25.5M, which included punitive damages. He claimed he contracted mesothelioma from on-the-job exposure to asbestos over the course of 40 years when he worked as a welder, pipefitter and millwright. Plaintiff sued multiple defendants, four of which remained at the beginning of trial. Three settled during voir dire, and only 3M proceeded through the four-week trial to verdict. The Blackwell…

Blackwell Burke secured outright dismissal with prejudice in the Superior Court of New Jersey, Morris County, for a third-party defendant Fortune 500 food manufacturer in a high-stakes premises liability case. The premises owner alleged that the plaintiff‘s injuries were caused by a defective cooler manufactured and distributed by the firm’s client. After a strategic and persistent discovery campaign exposed the claim’s weaknesses, both Plaintiff and Defendant dismissed the food manufacturer with prejudice.   #blackwellburke #litigation