• Blackwell Burke P.A. Wins Multi-Million Dollar Victory for IBM

    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 Secures Summary Judgment Win in New York Premises Litigation.

    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. Secures Complete Defense Verdict in Asbestos Lawsuit

    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 Secures Outright Dismissal in New Jersey Premises Litigation.

    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
  • Blackwell Burke P.A. Secures Dismissal of Putative, National Window Class Action

    Blackwell Burke P.A. recently secured a complete defense victory on behalf of a national window manufacturer. Plaintiffs alleged negligent product design and manufacture, breach of express and implied warranties, and fraud, on behalf of a putative, national consumer class in a Minnesota federal district court. The lawsuit arose from plaintiffs’ contention that the insulated glass units in their windows had failed, and that the remedies provided by the manufacturer under the terms of the applicable warranties were inadequate. Plaintiffs sought to void the warranties, arguing, inter alia, that they were unconscionable and failed of their essential purpose. Blackwell Burke P.A.,…
  • Blackwell Burke P.A. Wins Dismissal of Hebrew National Putative Nationwide Class Action – This Time in State Court

    In October 2014, a Minnesota state court dismissed with prejudice a putative nationwide class action brought against firm client, ConAgra Foods, Inc.  This is the third victory for the Blackwell Burke defense team (following published decisions in federal court and the Eighth Circuit) in litigation in which the plaintiffs alleged that ConAgra’s Hebrew National brand beef products were not “100% kosher as advertised.” The Dakota County Court agreed with Blackwell Burke’s arguments that the First Amendment barred the plaintiffs’ claims and that the plaintiffs also lacked constitutional and statutory standing. The case, initially filed in 2012, was first dismissed with…

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