Erik J. Tomberg

Eric Niederer (Partner-Connecticut) and Erik Tomberg (Of Counsel-Chicago), with the assistance of Tyler Humphrey (Associate-Hartford), successfully defended an appeal brought in the Second Circuit Court of Appeals, involving personal injuries sustained by the plaintiff at a Mexican resort. The plaintiff alleged he sustained severe spinal cord injuries, including partial paralysis, while he was swimming in the ocean at the beachfront resort where he was vacationing in Cabo San Lucas. The case was originally brought in the U.S. District Court, District of Connecticut where Eric and Tyler successfully moved for summary judgement on the basis that Mexican Law should govern the dispute and that the plaintiff could not succeed on his claims under Mexican Law. Eric and Erik, a member of the firm's Appellate practice, successfully briefed and argued the matter resulting in the Second Circuit affirming the Connecticut District Court’s granting of the motion for summary judgement filed on behalf of the client. The appeal turned on the application of Connecticut’s conflicts of laws analysis, and the Second Circuit’s decision sets forth a new unified rule for the Connecticut District Court’s analysis of conflict of laws factors involving international relations and specific to international tourism interests.