Events

Florida Legislature to Consider Bill Protecting Rights of Medical Marijuana Users
When: November 21, 2019
People: Alan Fiedel and Noelle K. Sheehan

Publications

Fiedel, Tatarka and Helgadottir Obtain a Voluntary Dismissal with Prejudice of Lawsuit on Eve of Mediation

Alan Fiedel (Partner-Miami, FL), Gregg Tatarka (Partner-White Plains, NY) and Mal Helgadottir (Associate-White Plains, NY) secured a voluntary dismissal with prejudice in a product liability case on behalf of a U.S. distributor of a foreign manufacturer. The plaintiff contended that a defective clothes dryer caused a fire at a residential property resulting in damages exceeding $350,000. The plaintiff initiated suit in Florida state court whereupon it was removed to federal court. Despite our expert’s multiple inspections of the product and consideration of other possible sources of fire ignition, the plaintiff continued to assert blame against our client. From the start, Alan and Gregg advised the plaintiff that his client did not have a case, that his experts performed a flawed analysis and that the dryer did not cause the fire. Ultimately, counsel failed to comply with a court-imposed deadline to disclose expert reports and tried to file a unilateral motion to extend submitting his reports. The Wilson Elser team vigorously opposed the motion, calling it gamesmanship because the parties agreed on simultaneous disclosure and our client and co-defendant produced our expert reports timely on the date ordered. Instead of responding to an order to show cause as to why counsel did not timely disclose experts, the plaintiff dismissed the lawsuit with prejudice less than 24 hours prior to a court-mandated mediation. Our client did not pay any settlement amount.  

Alan Fiedel and Gregg A. Tatarka

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