Pacific Aerosupplies Limited v Dakota Air Parts Intl., Inc.
Advised an Australian company involved in complex litigation in the Federal District Court in North Dakota in 2012-2013. The case involved companies based in the US and Australia that purchased airplane and helicopter parts from the Vietnamese government. The parts had been left by the US military at the end of the Vietnam war.
Obtained a dismissal of a $1,000,000 indemnification claim against an insurance broker because the worker’s compensation insurer failed to prosecute. Successfully defeated a motion to reargue and an appeal following the dismissal.
Successfully appealed from the lower court’s denial of a motion for summary judgment, with the appellate court dismissing the claims against the broker on the basis that the insurance policy was ambiguous.
Drafted an appellate brief and appeared for oral argument in the Second Circuit Court of Appeals. Successfully had the case dismissed in the Southern District of New York on the basis of the doctrine of assumed duty, and the decision was affirmed on appeal.
Obtained summary judgment for the defendant in a motor vehicle accident lawsuit, on the basis that the plaintiff’s injuries failed to meet the threshold as required under New York’s insurance law.