Michael Lowry Partner

     

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Michael Lowry has an active litigation and defense practice, with clients among the country’s largest and most recognizable brands in several industries, such as retail, restaurant and hospitality, commercial transportation, manufacturing and more. As a member of the firm’s emergency response team, when transportation clients face a catastrophic event, Michael and other members of Wilson Elser’s 24/7 go-team arrive on the scene to help gather and preserve information that may be critical to the client’s defense, as well as liaison at the scene with investigating authorities.

Michael’s practice is solution-oriented law, squarely on the side of the client. From preparing arduously for trial to coordinating resolution strategies for alternate dispute resolution options, including arbitration and mediation, when appropriate, the goal is to find a solution to the dispute. This focus is helpful in a wide variety of complex corporate, commercial and general litigation cases Michael handles on behalf of transportation companies, retailers, product manufacturers and others. He also represents these clients in employment disputes, premises liability, contractual disputes, and regulatory and other matters.

Michael is committed to sharing his knowledge with clients through publications on developments in the industry, presentations on issues affecting their interests, and articles and issue briefs on matters as they arise. He makes every effort to keep clients informed and empowered with up-to-date briefings and complimentary educational seminars customized to their needs. Mike independently authors “Compelling Discovery,” a blog that actively discusses appropriate civil discovery and seeks to contain rapidly rising discovery costs. Nearly every year since 2013, the ABA Journal has selected his blog as one of the top 100 legal blogs in the country. Mike’s numerous publications in various trade journals have explored best practices for favorable resolution of client matters. He has presented at numerous conferences across the country, including the Claims and Litigation Management Alliance’s Annual Conference and RIMS. 

Representative Matters

Represented national chain of truck stops in a slip-and-fall lawsuit in the Eighth Judicial District, Las Vegas; days before trial, the plaintiff settled for 17 percent of her last settlement demand and less than the remaining cost to try the case after persuasive liability and damages defenses became known. 

Obtained summary judgment for a provider of outsourced building services such as housekeeping and EVS assistance in the Eighth Judicial District Court in Las Vegas. A hotel guest at one of the properties alleged she slipped and fell on a lemon peel while leaving a concert, and asserted the fall was due to the services provider’s negligence.

Obtained summary judgment in Las Vegas district court for a hotel sued by a guest alleging insects bit her at the property; the court concluded evidence did not show hotel had any role in causing the injury.

Obtained arbitrator’s ruling that a mass transit bus company was not responsible for an accident that occurred when a pick-up truck turned in front of a bus.

Defended a national retailer in slip-and-fall. The court could not determine when the store was on notice as compared to when the video evidence was preserved. As spoliation was not demonstrated, the judge granted summary judgment.

Defended national discount retailer in slip-and-fall and sought summary judgment against the claimant and the landlord. Plaintiff agreed to dismiss the retailer, and the landlord agreed to reimburse the retailer for expenses. The retailer’s net exposure was reduced to zero.

Defended personal injury lawsuit against mass transit company that was dismissed due to the plaintiff’s refusal to meet his discovery obligations. The court ruled the passenger gave no excuse to justify his refusal to participate and this refusal had prejudiced the mass transit company’s ability to defend itself.

Defended oil change station in case involving damage to plaintiff’s car due to oil loss. Plaintiff asserted she saw no warnings or check-engine lights in the 10 weeks between the oil change and the engine failing. Defense argued and the judge agreed the loss of oil was not the station’s fault.

Obtained defense verdict in a slip-and-fall against a national retailer. In the 33 seconds between notice of a spill and the fall, the cashier went to investigate, but arrived too late. The defense argued that evidence did not show the water’s source or that it was caused by the store. The jury issued a defense verdict.

Defended an automatic door manufacturer against a case alleging failure that causing plaintiff to fall. Defense served a request to force an inspection of the product, but after delays, the property owner admitted it had lost the product at issue. The case against the manufacturer was voluntarily dismissed.

Defended a building services provider in a slip-and-fall claim. Defense executed an early and aggressive deposition schedule to establish the building services provider was not sent to the area in question on the day of the fall. After four depositions, the plaintiff agreed to voluntarily dismiss the defendant.

Defended a national discount retailer in a slip and fall claim involving alleged water on the floor. The plaintiff could not demonstrate how the water got on the floor or how long it had been there before she fell. The court agreed with the defense and dismissed the case.